Delegation for IP attorneys- easy to say, hard to do

As an IP attorney, our work demands a high degree of technical expertise, strategic foresight, and high levels of attention to detail. But what happens when the demands of your role; as a leader, a manager, and a professional, exceed the capacity of a single day, or even a single person?

The answer lies in mastering the art and the science of delegation.

Yet, for many patent and trade mark attorneys the idea or practice of delegation is alien and difficult.

The Problem (or, Why delegation feels so hard)

Every IP attorney knows that they should delegate. Many of the benefits are clear, and the legal profession, with high-stakes work and sometimes crushing workloads, demands it. But knowing and doing are two very different things. We all face internal and external barriers that make delegation feel like a risk rather than an opportunity.

Internal Barriers: The Psychological Game

As an IP attorney, you are likely driven by a commitment to perfectionism and a deep sense of ownership. This is an asset in your legal work, but it can be a significant liability in management.

The thought, "if you want the job done right, you have to do it yourself", is probably familiar to many of you.

This mindset stems from a legitimate fear that a task's outcome may not be perfect.

You're accountable for the work, and a mistake can have serious consequences for the IP rights you are working on. This is especially true given that professional regulations and liability insurers typically hold the delegator accountable for work done on their behalf.

There is also a profound fear of losing control over both the process and the final output. This can be particularly acute in the IP profession, where the devil is truly in the details.

You may feel that by delegating a task, you lose the ability to catch a critical error or shape the strategy in real-time. This fear, while understandable, can lead to micromanagement, which undermines the delegatee and defeats the purpose of delegating in the first place.

Another common barrier is the perceived urgency of a task.  In a deadline-driven profession such as IP, it can feel more efficient to do something yourself rather than taking the time to explain what is needed, waiting for the output, and then reviewing it (perhaps with multiple rounds of checking).

Doing everything yourself is a short-term solution, that ultimately limits your capacity, overloads you, and prevents others from learning (and becoming more useful).

Finally, a subtler but no less powerful barrier is the fear of being outshone by the delegatee.  Some may have a subconscious concern that a junior team member might perform the task better than they do, which could challenge their own sense of expertise or authority, and potentially alter the perception others have of their abilities.

This fear, while a natural human emotion, is counterproductive. A high-performing team is a reflection of a great leader who works with the best people to produce the best work possible, and is therefore not a threat to their position.

External Barriers: The Systemic Challenges

Beyond the mindset of the individual, the legal profession has systemic challenges that can hinder effective delegation.

The billable hour model, for example, can create a disincentive to invest time in training and development through delegation, as it can be challenging to bill for the time spent providing instruction or feedback.

The hierarchical structure of many firms can also make junior attorneys hesitant to take on new responsibilities for fear of overstepping or not meeting a senior professional's exacting standards.

Furthermore, some clients may not understand the benefits of having teams of differing skill levels (and cost) on their work, leading to senior attorneys feeling obliged to do work themselves as opposed to building multi-skilled teams of varying experience levels.

The benefits  (or, How delegation helps you)

The solution to these barriers is to re-frame delegation not as a risk, but as a strategic necessity.

The benefits extend far beyond simply freeing up your own time. They are a catalyst for providing the highest level of service to internal and external clients, as well as building a more engaged, skilled, and profitable team.

Benefits for your people

Employee development: Delegation gives your team members the chance to learn new skills and gain valuable, hands-on experience. Experience is how legal professionals truly grow from knowing the theory to having nuanced, practical, profitable skills.

Employee engagement: By entrusting your team with meaningful work and investing in their growth, you show them that they are valued members of the team, not just cogs in a machine.  This improves engagement and morale.

Career progression and retention: Delegation is a direct path to career progression. When team members are given opportunities to learn and develop, they are more likely to feel a sense of purpose and commitment to the firm. This leads to improved retention and attraction of talent.

Benefits for you

Reduced stress and burnout: You can reduce your personal workload both in the short term by taking work off your plate now, and in the future by growing experienced team members who can act independently. Once you have experienced how delegation does not materially impact the quality of a final work product, the reduction of excessive workloads through delegation is a powerful tool for combating stress and preventing burnout.

Improved time management: Delegation of simpler tasks frees up your time, allowing you to focus on higher-value, strategic work that delegates are not able to do, but that you can. This could encompass a range of activities, from developing new business and strengthening client relationships to focusing on thought leadership or mentoring.

Psychological payoff: When you see a team member grow and succeed because of your delegation, it's incredibly rewarding for you as well. It provides a sense of accomplishment that goes beyond winning a case or drafting the perfect patent.

Benefits for the firm

Improved task outcomes: Delegation allows you to leverage the unique talents of others, ensuring the best possible outcome for a task for the benefit of both clients and the firm.

Increased productivity and profitability: Delegation enables more tasks to be completed in parallel, leading to increased productivity and, ultimately, increased profitability for the firm.

A culture of excellence: A firm that prioritises delegation, and trust in others to get work done. is one that fosters a culture of diligence, commerciality, and continuous learning.

The solutions (or, What strategies you can try)

Knowing the benefits of delegation doesn’t necessarily make it easier to actually delegate a task. Here's some practical steps you can take  and a couple of tools to help you delegate effectively.

Practical tips for improving your delegation

The reasons why any individual finds delegation difficult are personal to them, but at least one of these practical tips can help most people improve something about their delegation skills and process.

Identify delegable tasks: Not every task can be delegated, but be honest about what others can do.  Try the 70% rule.  If someone else can do the task at least 70% as well as you can, it should be delegated.

Select the right person: Match the task to the person’s skills, experience, developmental goals and capacity.

Provide clear and complete instructions: Ensure the delegatee understands what is needed, the context, the outcome required and the deadline.

Define the authority being delegated: Ensure the delegatee knows where they can make decisions themselves.

Schedule check-ins: Establish periodic reviews to check in on progress and allow for questions and discussion.

Avoid micromanaging: This undermines the delegatee and impacts their confidence.

Provide feedback: When the task is complete, provide timely and constructive feedback.

Request feedback: On your delegation process so you can refine your skills.

Give credit: When something is done well, acknowledge this (publicly where appropriate for that individual's preferences for receiving recognition).

Take responsibility: When something goes wrong, own the shortcomings in the task.

Tools for simplifying delegation

Even when armed with practical tips, delegation is still not always easy. Two tools that might help you by providing specific questions  to consider and/or steps to follow are outlined here.

5 levels of delegation

Have you ever delegated a task, only to have it "boomerang" right back to you with questions or problems that the delegatee has not attempted to resolve first. This common issue can be prevented by defining the level of authority you are delegating upfront.

There are five levels of delegation you can use to set clear expectations and prevent the task from returning to your desk.

Do only as I instruct: This is for tasks where there is little to no room for independent judgement. It's a low-risk way to start delegating to someone new.

Ask me what to do next: This level gives the delegatee a small amount of space to think, but you retain full control.

Make a recommendation, then act: This is a critical step in development. The delegatee must analyse the situation and propose a solution, but they can't proceed without your approval. This shows a vote of confidence in their judgement.

Act, then update me: This gives the delegatee significant autonomy. They have the green light to move forward on their own, but they are responsible for keeping you in the loop.

Act, no need to update me: This is the highest level of trust. The delegatee has full autonomy, and you only need to be involved if they have a critical question or a major issue arises. This is the goal for many long-term delegation relationships.

By being explicit about the level of autonomy, you not only manage expectations but also signal your level of trust in the delegatee.

Eisenhower matrix for delegation

A starting point for  delegation is to identify which tasks are best suited for delegation. A variation of the classic Eisenhower matrix can help.

Simple & Urgent: These tasks are ideal to delegate for efficiency. They need to be done quickly, and they don't require your specialised expertise. By delegating these, you free up your time for more complex matters.

Complex & Urgent: These are the tasks you should do yourself & prioritise. They require your senior-level judgement and cannot be put off.

Simple & Not Urgent: These are prime candidates for regular delegation. They are straightforward, but since they aren't time-sensitive, you can use them to teach and develop junior team members without the pressure of a looming deadline.

Complex & Not Urgent: These tasks should be delegated as a learning exercise. They are the most valuable for a delegatee's long-term growth. They offer a chance to engage with a complex problem, apply theory to practice, and build confidence under your guidance.

Being good to delegate to

Delegation is a two-way street.

When the senior person is a great delegator the opportunities for others are endless. But, when the person being delegated to is a great delegatee then the entire process becomes more effective and rewarding for everyone.

Being a good delegatee is not about being a passive recipient of tasks; it’s about actively engaging with the opportunity being given to you.

As the more junior person, your job is to be delegated to, but there are ways of thinking and acting that make you good to delegate to. Here’s a few tips to help you to be that person that others want to delegate to.

The Mindset of a Good Delegatee

See it as a Trust Exercise: A delegated task is a vote of confidence in your abilities to either do the task already or learn how to do the task.

Be Curious: Don't be afraid to ask clarifying questions at the outset. It’s much better to ask for clarity upfront than to deliver the wrong thing later.

Embrace the Learning: This is your chance to develop professional skills that are not taught in a classroom, from legal writing to client communication.

Actions of a Good Delegatee

Build Your Reputation for Good Work: Every task, big or small, contributes to your professional reputation. Make each one as good as you can for your experience level.

Be Easy to Delegate to: Deliver the work on time and to a high standard, with minimal fuss for the delegator. Take ownership of the task and avoid making the delegator do your proofreading and fact-checking.

Develop Your Commercial Acumen: Pay attention to the context. Why is this task important? What are the budget implications? What does the client ultimately want?

By doing these things, you build trust with your delegator, which leads to more tasks and more complex work. This, in turn, leads to greater visibility and faster career progression.

Being delegated up to

Delegation isn't always a top-down process. Sometimes, work is delegated up to a more senior person or sideways to a peer. As a senior leader, you need to be able to distinguish between appropriate escalation and unhelpful upward delegation.

Proper escalation or shirking responsibility?

Sometimes, when a more junior team member or peer tries to pass actions to you, they may be getting rid of tasks they don’t want to do.

However, the team member who brings you a genuine, significant issue is not shirking; they are demonstrating commercially astute judgement. They are protecting the client, the firm, and you.

The team member who identifies that a task requires more advanced experience or more timely action than they can provide isn't being lazy; they are being technically and strategically smart. 

In some cases, the junior team member may be genuinely stuck and too embarrassed to say they aren’t capable of doing the task.

The way that you, as an experienced and senior professional, react when being delegated to by more junior or peer colleagues is critical. If you shut down the team member, you damage psychological safety, and people will be encouraged to hide or ignore problems. However, if you engage with them and accept that some work necessarily needs to be delegated to or back to you, you can foster a culture of diligence and learning.

How to respond effectively to upward delegation

Distinguish the "What" from the "Why": Is the person handing back the entire task untouched ("I can't do this"), or are they presenting a specific, well-defined problem they've uncovered?

Listen for ownership: The best escalations come with a sense of shared responsibility: "I've found an issue that we need to address".

Reward good judgement: When a team member brings you a critical issue, praise their diligence. This shows others that raising important problems is valued.

Use it as a coaching moment: If it's a knowledge gap, don't just give the answer. Guide them to find it by asking questions like, "What have you tried so far?" or "What do you think the next step should be?"

Assess your own instructions: Upward delegation can be a sign that your initial instructions weren't clear or that the context was missing. Use this as feedback to improve your own delegation skills.

Assess whether you chose the right task to delegate and the right person to delegate to: The task may be more complex or time-pressured than you thought for the skill level and capacity of the person you delegated to.  Acknowledge this to them if it is the case.

Be empathetic to their struggles: We were all learning once.  Try to be understanding when there is a genuine struggle and need for guidance.

Be upfront: If they shouldn’t be delegating to you. Tell them (kindly and politely).

Conclusion

The journey from a task-oriented, perfectionist professional to a pragmatic leader is not a linear one. It requires letting go of the need for absolute control and embracing a new mindset, i.e. that your success is defined not only by what you accomplish but by what your team can achieve through your leadership.

Delegation is the key to this transformation. It's the mechanism through which you scale your impact, build a resilient team, and free yourself to focus on the strategic work that truly matters. It's about empowering others to grow and enabling the firm to thrive.

The IP  profession is evolving, and the leaders who will succeed are those who can leverage the full potential of their people and systems. By mastering the art of delegation, you're not just improving your own efficiency; you're building a stronger and more capable practice for the future.

Do you need help mastering delegation, or need some delegation training for your team? Get in touch using the contact form. 

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