♬ 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.

♬ Skeleton we have been friends for years
…
And you, you’ve got me standing in an awkward position
With unwanted attention and a need for explanation…♬

Lyrics and music by Katie Nash & Alejandro Tovar, recorded by Katie Nash.

This a guest post by Sharon Nelson, Esq and John Simek.  Along with the fact that Sharon and John are very good friends, Sharon is also a fellow past-Chair of ABA TECHSHOW.  Sharon and John are life-partners as well as business partners in the legal and forensic information technology worlds. So here is their excellent article on managing legacy data:

Lawyers and their clients are looking for expert advice on how to manage legacy data. Law firm leaders and managers have a responsibility to their firms, and to their clients, to be informed about how to properly store and steward electronic data. Traditionally, many law firms and their clients have simply “kept everything.” After all, storage is cheap – and many businesses have not wanted to spend adequate time, money and other resources to figure out what to do with all of the old data.

The concerns and responsibilities surrounding historic files and e-mails have expanded beyond e-discovery advice into proactive information governance policies and procedures. Law firms and business organizations alike tend to keep data storage devices such as backup tapes, old CDs, thumb drives, cell phones, and other media etc. well beyond what their compliance requirements or business needs dictate. These so-called “skeletons in the closet” pose a major problem when the organization gets sued or subpoenaed because all that dusty, forgotten data is suddenly potentially discoverable. If a company has thousands or millions of backup tapes, the problem is greatly magnified. By being advised about, and recommending proactive management of legacy data, law firms will be saving themselves and their clients distress and major expense down the road. (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…)

♬ See your heart will lead you where you want to be, but your head will lead you where you ought to be.
But which will lead you where you’re meant to be? ♬

Lyrics, music and recorded by K’LA.

2012 New Years

This is Part 2 in the 2012 Tips and Predictions series where I have asked my good friends and colleagues to contribute their best ideas for the New Year. Accordingly without further ado:

Dr. Frank Fowlie: “Future Shock” predictions:

1. Consumers will no longer be forced to call their credit card company  to deal with “unknown” charges.  No more phone tress, no more wait times…You’ll be able to go to your bank’s credit card website and fill in a form online, the bank will handle it from there.
2. When you buy something online and there’s something wrong with the purchase, you’ll be able to go to a single portal for goods sold in Canada, and start a redress process online, at your convenience.  This is less Future Shock, as the European Union has already created a regulation which makes this possible across Europe.  Like “chip” cards did in the past, the technology will migrate from Europe to Canada.
3. Small Claims Courts in Canada will move towards Online Dispute Resolution to more effectively and efficiently manage the court processes.  There will be a new wave of computer literate judges who hear and settle cases online.
4. Courts of equity will look to technology to handle small value claims.  Online Dispute Resolution will replace hearings in matters where the value is the same or lower than the Small Claims Court limit.
5. Law firms will publish hourly rates on their websites to allow for consumer choices.  Consumers will be able to search out legal services in  the same way they look for other commodities online.
6. Lawyers will begin to sell “Boutique services” allowing consumers to handle some part of their own legal matters.  Some lawyers will develop practices which simply “guide” lay litigants, as opposed to forcing the lay litigant into court with representation.
7. Legal Zoom, or some like entity, will set up shop in Canada.  Legal services outsourcing becomes a market drive out of India and Ireland.
8. The public can make complaints against lawyers using an online platform, perhaps to an independent body.

Dr. Frank Fowlie, www.internetombudsman.biz.

Judge Monty Ahalt ( Ret.): “Warp Speed”:

As the year closes out and some say the decade there is always a clamour for the folks to know what is in store for the next year. Some will look at last year and make resolutions. My Life now breaks down into three areas:

1. Court centered ADR and case management as a recalled Circuit Court Judge now counting 30 years.
2. A Mediator/Arbitrator now counting about 45 years – www.montyahalt.com.
3. Founder and CEO of VirtualCourthouse.com – leading ODR provider – now counting 10 years -   www.VirtualCourthouse.com

Each area has it’s unique challenges and will experience new horizons in 2012. While I do not pretend to be Carnac the Magnificent of Johnny Carson days  there are some new happenings that seem to be clearly presenting themselves for the coming year. (more…)

♫  Feeling hot hot hot — Feeling hot hot hot ♫

Lyrics and music by Alphonsus “Arrow” Cassell, recorded by Buster Poindexter.

This is Bob Denney’s 23rd annual report on what’s going on in the legal profession, not only in the United States but also in other parts of the world. Like all his previous reports it is based on information he and his organization compiles throughout the year from many sources including discussions with leaders in the profession. As always, some of his findings are obvious but they still must be included. Others are surprising and some are contrary to the Conventional Wisdom. Nevertheless, this is the picture at the beginning of 2012, a year which may well hold both economic and political surprises.

PRACTICE AREAS

Red Hot

 Banking. Perhaps the hottest area in Financial Services due to uncertainty if the “Volker Rule” will be implemented this coming July when regulations that are part of Dodd-Frank take effect.

 Health Care. A broad area that includes regulatory, finance, M&A, real estate, labor & employment and professional liability. Regulatory may become red red hot. The Supreme Court’s ruling on the Patient Protection and Affordable Care Act, expected by June 30, will be a legal, as well as political, flashpoint.

 Energy. Oil, coal and gas in certain parts of the U.S. as well as Canada. Regulatory, land use and litigation are particularly hot in Ohio and Western Pennsylvania because of Marcellus Shale. Nuclear power is getting hot due to safety concerns in the U.S. but alternate energy may be cooling somewhat.

 Intellectual Property. Due to patent reform (“First-to-file”) but mostly for start-ups and smaller companies since large companies were already on a FTF system because of their global operations. Patent Litigation is becoming red hot for most firms while rate-sensitive patent prosecution work is being reduced and even eliminated in larger firms. (more…)

♫  Learn from my mistakes
Learn from this mistake
Learn from our mistake
Learn from their mistakes
Learn from my mistake…♫

Lyrics and Music by: Phil Anselmo, Pepper Keenan and Rex Brown, recorded by Down.

Taking a Risk

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

Celebrate the lesson: When faced with a failure by someone in your company, as a leader you must stand up and praise the individual’s intention, risk-taking approach, or whatever. Find something positive to acknowledge and celebrate.

Fuel the fire in your people. The truth is, the people who fail are the very same people who succeed. Be compassionate and give them the enthusiasm, energy, and fire to keep going.

Go public. Next time you experience a failure or make a mistake of consequence, call a meeting and announce it to your team. When you announce your mistake, also say what you learned and what you did to correct your failure (to the extent possible) or how to prevent it from happening again (Heath, p. 21-22).

From: Heath, R. (2009). Celebrating failure: the power of taking risks, making mistakes and thinking big. Franklin Lakes, NJ: Career Press.

Click here to borrow this resource or any other resource.   Then click on the Spectrum http://leadershipcenter.osu.edu

♬ …I care for you… I’m there 
… I’m there for you…I care… ♬

Lyrics, music and recorded by Wolfsheim.

Jay Fleischman in a blog post entitled: “Is the Virtual Law Firm Model Coming up Short?” opines that lawyers practising in a virtual practice are ‘missing an ingredient’. Mr. Fleischman continues:

Those who offer the virtual law firm are selling something most people don’t want.  People want to be able to make a personal connection with other people, to build trust in a lawyer’s expertise.  They don’t want to be met with a password-encrypted firewall and triple-redundant backup systems.

Mr. Fleischman and I agree on at least one point thou:  it isn’t about the technology.  Most certainly!

But with respect, we differ on where to take it from there. In Mr. Fleischman’s view:

You need to figure out how to connect with people who are not necessarily in front of you.  In fact, you’ve got to determine when being face-to-face is best for the client.

Yes, but … that is only part of the picture.  In my view, Mr. Fleischman fails to take his argument to its logical conclusion. Why would face-to-face be best for (some) clients?  Not because “people want to make a personal connection” (per Mr. Fleischman) but because they have to know – trust – feel – that you care. (more…)

♬ I’d rather be a hammer than a nail
Yes, I would if I only could, I surely would… ♬

Lyrics and Music by Daniel Alomía Robles, recorded by Simon and Garfunkel.

I have just returned from an invitation from Anthony C. Infanti, Associate Dean for Academic Affairs, University of Pittsburgh School of Law  and Keeley P. Mitchell, Esq, 
Director of Public Interest and Government Relations at Pitt Law, to participate in a panel for the University of Pittsburgh 2^nd year law students on legal career prospects.  In my humble opinion, this discussion attempted to answer the question: “Why stay in Law School, given the current economic climate?” Accordingly, I thought I would write down my thoughts on why the current cohort of students should consider staying in law, doing my best to also include and summarize the comments of the other panel members (any misquotes or errors are mine, not those of the respective learned panel members!).  In addition to the Associate Dean Anthony C. Infanti, who moderated the discussion and your humble scribe, the panel consisted of:

• Robert Denney, the President of Robert Denney Associates, Inc.,
• Michael Ginsberg, a Partner in the Trial Practice of Jones Day,
• Erin M. Lucas, an associate Manion McDonough & Lucas, P.C. and the President of the Allegheny County Bar Association’s Young Lawyers Division,
• Catherine Martin, a managing attorney for Neighborhood Legal Services Association in Pittsburgh, PA.,
• Gabriel Reis, an in-house attorney for Alcoa Inc. and
• Mark Vouno, the ACBA President-Elect and  a partner in Vuono & Gray, LLC.

First, a career in law offers you not just a job – it offers you much more.  Your legal career has the possibility of working on novel and fascinating work that continually changes and brings you in touch with bright and interesting people.  You learn about new things all the time.  It is an intellectual exercise that can captivate your skills, your intellectual faculties and can result in achieving some real and meaningful results for people – and allows you to be,  in every respect of the word, a legal professional and not someone who just has a legal job. (more…)