♬ we never say no
satisfaction guaranteed
superior quality
we innovate, never imitate
unrivalled, unparalleled
at your service
we aim to please
we never miss a trick…♬

Lyrics, music and recorded by CLIEИT.

This is another great guest post by Bob Denney.  In this post he is focusing on the importance of client service.  Years ago, Milton Zwicker, a good friend and colleague in Ontario wrote about ‘the client-centered law firm’. It is great to see Bob pick up on this idea and run with it. Accordingly, here is Bob’s post:

In today’s extremely competitive legal market, many firms talk about the importance of cross-selling – or cross-marketing if you prefer – their clients. The problem is that you must serve the client before you can cross-market the client. Too many firms fail to realize this. As a result, their cross-marketing efforts often fail. The first step in developing additional business with clients is client service. Here’s a brief list of some of the more important points to keep in mind in developing and implementing a successful client service program.

• The goal should be outstanding client service. “Satisfactory” or “good” isn’t good enough. Many clients can’t evaluate the quality of legal work. Therefore, the level and quality of service is often the only factor that distinguishes one firm from another. (more…)

♬ This is real, this is me
I’m exactly where I’m suppose to be, now
Gonna let the light, shine on me
Now I’ve found, who I am
There’s no way to hold it in
No more hiding who I want to be
This is me…♬

Lyrics and music by: Andy Dodd and Adam Watts, recorded by Demi Lovato.

This is a guest post from Beth Flynn’s Leadership Moments newsletter at the OSU Leadership Center. It continues the dialogue in the area that I believe is so important for lawyers today: Leadership. In particular, it discusses how to be authentic in a leadership role.

Dictionary.com defines Authentic (adjective) as: not false or copied; genuine; real: an authentic antique. I think this is the essence of leadership: you must find your own voice and style – copying someone’s else’s leadership style won’t work. Here is Beth’s post on being an authentic leader:

• Just do it.  Invest in yourself by doing the work you must do to truly know who you are – your life story, the things that shaped you, and your disappointments and failures.  Own yourself and who you really are.  This is what allows others to connect.  There is no one who can do this work for you.
• Trust the power of allowing others to know you.  Even though it can seem scary, and it requires the willingness to be vulnerable, it is the key to influence.  The real you – no imitations or role-playing – is what people want to know, and the real you is the person to whom they will commit.
• Find the courage to be yourself when the pressure of leadership tempts you otherwise.  There is nothing more comforting to others, especially in times of stress, than to realize that you know and trust yourself.
• Declare yourself worthy, adequate, and deserving of the job you have.  Don’t doubt yourself if you expect others not to.
• Be careful about “trying” too hard to be authentic.  Being yourself should feel easier than being the image you think others want of you.  Don’t be authentic in the same way someone else is – do it your way.
• Seek feedback from a wide group of your followers.  Try to use it diagnostically, to improve, not as a threat to your self-image, self-esteem, or self-worth.
• Stand on personal courage to create leaderships.  You will be rewarded with loyalty (Hamm, 2011, p. 29).

From:  Hamm, J. (2011).  Unusually excellent:  the necessary nine skills required for the practice of great leadership.  San Francisco:  Jossey-Bass.

Unusually Excellent is available from the OSU Leadership Center. Click here to borrow this resource or any other resource.  Once you are on the OSU website, click on the Spectrum icon. Learn how the Ohio State University Leadership Center is inspiring others to take a leadership role that empowers the world.

To begin receiving Leadership Moments newsletter, please click on Join Our Mailing List.

Thanks Beth for another great leadership post on how we can be an authentic  leader.

♬ I wouldn’t settle for nothing
I couldn’t settle for that
I’d rather settle for something I don’t believe in
than listen to anymore of your chit chat…♬

Lyrics music and recorded by the Headstones.

On January 17, Dr. Frank Fowlie, a Fellow with the Centre for Information Technology and Dispute Resolution at the University of Massachusetts – Amherst and a Chartered Mediator,  Ms Kari D. Boyle, lawyer, mediator, consultant, administrator and Executive Director of Mediate BC and yours truly presented on “ODR Around the World” for the ADR section of the Canadian Bar Association, BC Branch.  As that presentation, I mentioned that Darin Thompson, Legal Counsel with the Justice Services Branch, BC Ministry of Attorney General had written a wonderful post on the latest developments on ODR in the European Union and that he had graciously consented for it to be published here as a guest post. Accordingly, here is Darin’s wonderful overview of how ADR and ODR are being implemented in the European Union:

Darin Thompson looks at the European Commission’s proposals for expansion of ODR and places them in a wider context

On 29 November, the European Commission published a proposal on Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR). This has set the stage for a significant increase in the use of these out-of-court dispute resolution processes for consumer disputes within the EU.  Based on an initial reading of the proposal, the Commission envisages technology, and more specifically the Internet, as the key channel for delivering services to users.

ADR, ODR and e-commerce

ADR is a well established collection of processes and techniques for resolving disputes while avoiding litigation. Although the techniques vary across culture and region, modern ADR is generally understood to involve forms of negotiation, mediation, conciliation or arbitration.  ODR, on the other hand, is a much newer collection of processes that represents the convergence of ADR and information technology.  Like ADR, it incorporates any combination of negotiation, mediation, conciliation, arbitration and other decision-making processes. But it often relies on technology, most frequently the Internet, to facilitate its processes, and the emphasis is placed on simplicity, speed and low costs.

ODR has been used in recent years to resolve consumer disputes within the private sphere, but it has not yet become a mainstream practice endorsed by governments.  Major private institutions such as PayPal have become big users of ODR, with their systems handling 60 million disputes annually.  Yet, ODR has remained a relatively marginal practice that has failed to keep pace with the rapid growth in e-commerce. Even within Europe, where e-commerce growth has lagged behind some other regions, more than half of people in the UK, Denmark, Norway and the Netherlands reportedly bought goods or services over the Internet in 2010.[1] Yet in the same year, only 5% of European consumers used any ADR process to resolve a dispute.[2]  Similarly, only 9% of businesses reported ever using ADR.  This phenomenon has continued despite the fact that ODR represents an affordable and simple way to resolve disputes that arise out of online transactions.  For consumers, ODR can provide redress for problems when court is not a viable option. For traders, it could increase trust, improve reputation and allow for rapid and fair handling of complaints, unpaid invoices and other unwelcome business distractions. (more…)

♬ If you wish to be the first you must seek
To be a servant, to be a servant of all…♬

Lyrics, music and recorded by David Haas.

This is a guest post from Beth Flynn’s Leadership Moments newsletter at the OSU Leadership Center.  It deals with a concept that I personally see offering a great deal of personal growth and possibility for real change:  servant leadership.

Wikipedia defines servant leadership as follows:

Servant leadership is a philosophy and practice of leadership, coined and defined by Robert K. Greenleaf (Born 1904 in Terre Haute, Indiana; died in 1990) and supported by many leadership and management writers such as James Autry, Ken Blanchard, Stephen Covey, Peter Block, Peter Senge, Max DePree, Scott Greenberg, Larry Spears, Margaret Wheatley, James C. Hunter, Kent Keith, Ken Jennings, Don Frick and others. Servant-leaders achieve results for their organizations by giving priority attention to the needs of their colleagues and those they serve. Servant-leaders are often seen as humble stewards of their organization’s resources: human, financial and physical.

Accordingly, here is Beth’s post on servant leadership:

• All growth and most good things come from paying attention.
• Use every experience.
• Never think of employees as “labor,” as a commodity.
• Avoid the tyranny of technocracy.
• Abandon the career planning traps.
• Avoid “building” a resume.
• Expect the unexpected and be ready to embrace change.
• Take the work seriously, but don’t take yourself too seriously.
• Do not use long-term solutions to short-term problems.
• Never run away from anything (Ray Ferch & Spears, 2011, p. 133-134).

From:  Ray Ferch, S. & Spears, L.C. eds. (2011).  The Spirit of Servant-Leadership.  Mahwah, NJ:  Paulist Press.

The Spirit of Servant-Leadership is available from the OSU Leadership Center.  Click here to borrow this resource or any other resource.  Once you are on the OSU website, click on the Spectrum icon. Learn how the Ohio State University Leadership Center is inspiring others to take a leadership role that empowers the world.

To begin receiving Leadership Moments newsletter, please click on Join Our Mailing List.

Thanks Beth for another great leadership post on how we can be a leader by exercising servant stewardship of our organization’s resources.

♬  And now, the end is here
And so I face the final curtain
My friend, I’ll say it clear
I’ll state my case, of which I’m certain

I’ve lived a life that’s full.
I’ve traveled each and ev’ry highway;
But more, much more than this,
I did it my way

Regrets, I’ve had a few
But then again, too few to mention…♬

Lyrics by Paul Anka and set to music based on the French song “Comme d’habitude” composed in 1967 by Claude François and Jacques Revaux, recorded by Frank Sinatra, “My Way“.

This is a guest post by Bronnie Ware.  I read it this weekend and immediately asked for permission to post it as a guest post, as I think this article has an important message that is particularly meaningful for lawyers and their families.  So in Bonnie’s words:

For many years I worked in palliative care. My patients were those who had gone home to die. Some incredibly special times were shared. I was with them for the last three to twelve weeks of their lives.

People grow a lot when they are faced with their own mortality. I learnt never to underestimate someone’s capacity for growth. Some changes were phenomenal. Each experienced a variety of emotions, as expected, denial, fear, anger, remorse, more denial and eventually acceptance. Every single patient found their peace before they departed though, every one of them.

When questioned about any regrets they had or anything they would do differently, common themes surfaced again and again. Here are the most common five: (more…)

♬  Now, you got it, you’re wow, wow, wow, wow
You got it; you’re wow, wow, wow, wow…♬

Lyrics and music by: Kylie Minogue, Greg Kurstin and Karen Poole, recorded by Kylie Minogue.

This is another great guest post from Drago Adams from his Adams Ad Group Monday Morning Motivator email newsletter.  I loved the message in this post and thought of sharing it with all.  It is contagious.  I hope you enjoy it.

This week we share a message from Tomas Lydalh. Tomas’s message will not only help you in business, but will also make you the kind of person that people will just naturally gravitate to.

We’ve all heard about how important attitude is and how it affects us. I am sure you’ve heard of how much better you will feel when you look at the positive side of things… when you think positive thoughts, you will become a positive person. It is not always easy, however, to just change your attitude by trying to think positive thoughts. What if you did certain things, instead, that created positive feelings inside you?

Here is a short story that shows how certain actions will ensure a YES! Attitude - even if your day doesn’t start with a WOW! (more…)

♬ It would sure do me good, to do you good. Let me help …♬

Music, Lyrics and recorded by Billy Swan.

Dave and Lauren hiking in Banff

The Canadian Health Measures Survey, the most comprehensive survey ever conducted in Canada has recently found:

“That fitness levels of children and youth have declined significantly since 1981, regardless of age or sex. Fitness levels of adults have also declined, particularly among younger adults.”

A prominent Canadian researcher on obesity has stated that the figures in the CHMS study point to a country in crisis:

“Well, if you look at those numbers I’d be very surprised to see what actually qualifies as a national crisis if this does not,” said Dr. Arya Sharma, Chair of Obesity Studies at the University of Alberta and scientific director of the Canadian Obesity Network.

Further, the Canadian Press, reporting on this survey, stated:

“The survey suggests the proportion of Canadians with dangerously large waists went to 21 per cent from five per cent among men, and to 31 per cent from six per cent among women.” (more…)

♬ I get the urge to know you better
To make our spirits one
I want to see us be together
As close as we can come
I get the urge to merge
I get the urge to merge with you…♬

Music and lyrics by: Pam Reswick, Steve Werfel, recorded by Natalie Cole.

Merge Ahead

This is a guest post of an article originally appearing in the October, 2011 issue of Law Firm Partnership & Benefits Report. It is reprinted with permission of Robert W. Denney.

There isn’t a great deal written on the details of merging two law firms, and as such I thought this overview by my friend Bob was a great article to post – regardless if the two firms being merged are 3 partners each or 300. The issues will be the same.

Challenges and Adjustments In A Merger

Both the Smaller Firm and the Larger One Have Roles

They Must Play If the Marriage is to Be Successful

Author’s Note: This article first appeared in this publication in March, 2005. Although the legal profession has been undergoing considerable change since then, the issues that arise after firms merge are still the same as they were over seven years ago. Therefore, we thoughts a review was in order.

There is a drama that is acted out every day on the stages of hundreds of law firms throughout the world. Firm A, which may have been a local, regional or even national firm, has recently merged into (read “acquired by”) Firm B, a larger national or international firm, and the partners from Firm A are adjusting to being part of such a huge firm. (more…)

♬ Seize the day or die regretting the time you lost…♬

Lyrics and music by: M. Shadows, The Rev, recorded by Avenged Sevenfold.

Seize the Day

This is another “Leadership Moments” guest post by Beth Flynn of the Ohio Leadership Center.

Roman leaders coined the phrase, Carpe diem, which translates to seize the day.  Skilled leaders know the necessity of proactivity.  They understand and appreciate that every moment in each day holds opportunities.  Individuals with clear mind, who focus on the present moment, can envision, create, serve and produce with grace and skill.

An old Buddhist proverb states that each day is a miniature version of your entire life.  Each day will hold opportunities, gains, obstacles, and perhaps frustration.  People’s perspective determines how they view these events.  Individuals determine how they may use their time, energy, and focus (Schantz, p. 96).

From: Schantz, M. (2008).  75 principles of conscious leadership: inspired skills for 21st century business. Bandon, OR: Robert D. Reed Publishers.

75 Principles of Conscious Leadership is available from the OSU Leadership Center.  Click here to borrow this resource or any other resource.  Once you are on the OSU website, click on the Spectrum icon. Learn how the Ohio State University Leadership Center is inspiring others to take a leadership role that empowers the world.

To begin receiving Leadership Moments please click on Join Our Mailing List.

Thanks Beth for another great leadership post on how we can make the most of the day by focusing on the moment!

♬  Hey, look around it’s all so clear
Hey, wherever we were going, well we’re here
Hey, so many things I never thought I’d see
Happening right in front of me..♬

Lyrics and music by Chris DuBois and Brad Paisley, recorded by Brad Paisley, “Welcome to the Future”.

2012 Happy New Year

In this third and final collection of tips and predictions for 2012, we turn first to my good friend and colleague, Steve Gallagher. Steve has been one of those rare individuals who has kept a perspective on where the legal profession is and is going.  Accordingly, I though it was appropriate that we start with his views in this final post of 2011 on what will be happening in 2012:

Stephen P Gallagher: “Coping with Change”:

(a)  A Law Practice Management Perspective:

My primary business these days is coaching Lawyers in Transition, so from my vantage point,  I see large geographic areas throughout Canada and the United States that will have no practicing lawyers within hundreds of miles. At the same time, law school graduates will cluster around metropolitan areas looking for entry-level positions primarily to pay off law school debt. I would like to think that our talented young professionals will start looking for opportunities with baby boomers, particularly in more rural areas of the country to continue the tradition of serving the public.

(b)  Legal Technology:

I’ve follow the writing of Sherryl Turkle, a psychologist and director of the Massachusetts Institute of Technology (MIT) Initiative on Technology and Self.  Professor Turkel is concerned about how we may be losing things that Thoreau thought were essential to discovering an identity. Professor Turkle claims to be teaching the most brilliant students in the world (at MIT). She claims that they have done themselves a disservice by drinking the Kool-Aid and believing that a multitasking learning environment will serve their best purposes.

I too am concerned about this “multitasking learning environment” for lawyers.

For a Frontline interview, Digital Nation, Professor Turkle was quoted as saying, “She thinks that we’re living in a culture where we’re really not sure what kind of attention we owe each other. People put their cell phones on the table now. They don’t turn them off.” She goes on to say that, “One of my students talked about the first time he was walking with friends, and they received a cell phone call, and they took the call. And he said: “What was I, on pause?” I felt I was being put on pause.” Sheryl Turkle thinks that we’re socially negotiating what kind of attention we feel we owe each other.”

This flat out scares me. We owe each other more. (more…)