♫ So you got the looks but have you got the touch
Don’t get me wrong, yeah I think you’re alright
But that won’t keep me warm in the middle of the night
That don’t impress me much…♫
This week I had the pleasure of moderating a panel of distinguished corporate counsel for the Legal Marketing Association - Vancouver Chapter speaking on: How in-house counsel view their lawyers, law firms and their marketing and business development efforts.
Panelists were Marie-France Leroi, Senior Counsel at Terasen Inc, Gigi Chen-Ku, General Counsel for Translink, Heather Northrup, Senior Counsel with RBC Financial Group and Sue Doi, Counsel for Intrawest ULC. There was a great deal of discussion on the topic on how outside counsel can best work with in-house counsel. During the presentation we had a question from the floor that opened up a whole new area of discussion …and that was novel and interesting as well.
The question was in the context of the corporate client wanting to provide feedback to the outside firm - but the outside firm never appearing open or willing to hear the message. Worse, the danger signs are there for the outside law firm - calls by in-house counsel are not being returned promptly, the invoices appear to include ‘education time’ for the associates, the firm now appears to have an attitude of ‘entitlement’…among others. So the question is - what is the best way for the outside firm to hear the message early enough to prevent the loss of the client?
The solution that was proposed from the audience (some of the best tips come from the attendees during presentations!) was for the marketing department to establish one person…call them a client concierge…to establish a line of communication with the client. The client concierge would be there to act in a similar manner to a concierge in the best hotels…to ensure that the questions and needs of the hotel guests are being met. The client concierge can hear the concerns and questions of the client - and ensure that they are directed to the right people in the law firm - and act as an early-warning system to ensure that the law firm is not only attentive to the client but is seen as being proactive and open. This implicitly recognizes that while the legal services may be top-notch, the service levels surrounding the delivery of those legal services may not be.
It is an interesting concept and one that recognizes that the firm as a whole is a team and the team has an overarching reason (*or reasons*) to ensure that the client is happy and has an open channel to raise small concerns before they jeopardize the entire client relationship. It is really a question of client ‘handling’ and ensuring that the firm has the right ‘touch’ for the client and continues to impress the client with all that they do.
♫ Ride ride ride let it ride
Would you let it ride?…♫
Words and music by R. Bachman and F. Turner, recorded by Bachman-Turner Overdrive.
Fellow Blogger Rush Nigut (Rush on Business) has written an imaginative blog post based on the Register’s Annual Great Bicycle Ride Across Iowa. In the post he not only describes the race, but has done so in a manner that incorporates legal bloggers across North America as participants into the race. I blushed on reading that he has graciously incorporated your humble scribe into Day 4’s post:
Day 4: Ames to Tama-Toledo - 75 miles
Charlie gets ready to head off to Iowa’s version of the twin cities today. In the pancake breakfast line he meets Connie Crosby who is kind enough to introduce him to David Bilinsky. David tells Charlie all about how there is a great need for law firms to turn their senior partners into business leaders. David Maister overhears them and chimes in that one-firm firms are often quite successful.
The whole blog post is delightfully quirky and fun. Hats off to Rush for thinking of this approach and for allowing his imagination to let it ride….!
♫ So let your light so shine before men
Let your light so shine… ♫
Music and new lyrics by Stephen Schwartz.
We live in a dark, conflicted and confusing time. On one hand, we have never been so much in need of real leadership. We have international, national and regional corporations, non-profits and other organizations of all sizes looking for leaders. People are bemoaning the lack of enlightened and selfless leadership in politics and government. On the other hand, there has never been a time where so few real people are seemingly coming forward to serve as leaders to light the way. Wirthlin Worldwide (now Harris Interactive) reported in one of their studies that about 60% of current corporate CEO’s did not want to take their present job.
A 2003 Greenfield/Belser survey found that one clearly distinguishing characteristic between extraordinarily successful firms and failed firms was their willingness to be innovative. Successful firms were much more open (in a statistically meaningful way) to implement innovation into their firm. As we all know, willingness to innovate is clearly tied to the leadership in the firm. If the leadership of the firm understands the relationship between strategic goals, innovation and success, if it works at consensus building around those strategic goals and provides meaningful metrics, feedback and mentoring around attaining those strategic goals and encourages all firm members to embrace change, then the firm has taken many of the steps necessary to transform itself into a extraordinarily successful firm.
I have spoken many times of the paradoxes involved in the management of a law firm. Here is another. On numerous occasions I have heard senior partners express the need for training and mentoring for their younger members to bring them up to speed and turn them into successful lawyers and future partners. However, there is an equal need to take senior partners – who are successful in practising law – to train and mentor them to bring them up to speed and turn them into successful business leaders. These partners, in turn, having acquired the vision and the necessary leadership skills, can take the firm and start to transform it from an aggregation of successful lawyers into a cohesive legal team with a shared culture and shared goals that is actively seeking the next level of performance. That skill set is markedly different from the skill set necessary to manage and run your own practice and book of business. In many cases firms have realized that it is more productive for all concerned to bring in professional managers to take over the management of the firm and relieve the partners of this day to day chore. However, this does in no way abrogate the duty resting on senior partners to be active leaders of their firm. As we all know, managers do things right – leaders do the right thing. It is the continued setting and attainment of strategic business objectives that will keep the firm moving in the right direction and continuing to embrace change.
How do you start on the road to change your senior lawyers into leaders? First, no longer be complacent about your current performance. Notwithstanding that your partners may be successful and happy about their current level of income and operating status of the firm, you have to remind them that in spite of the fact that they don’t wish to change, the world (especially their clients) are constantly in a state of change around them. Competitors are constantly working on their own aggressive business plans and are aiming to capture your clients. For example, if you have a dependency on only a few major accounts, then your firm is vulnerable to a major economic upset if one of those major accounts should leave. Your long-term existence as a firm is dependent on your continued development of leadership – just reflect for a minute and you can recall the names of law firms that no longer exist today. There is no law yet written that states that your firm must be in business tomorrow.
Secondly, expose your major partners to new ideas and developments in the business arena that are outside of the law. Lawyers tend to narrow their practice focus – for obvious reasons – but this constant narrowing and development of their legal skills removes them from exposure to bigger ideas and new developments in other fields. Send your people to ‘thought conferences’ – gatherings that are not CLE-oriented but rather are aimed at developing business, strategy or inter-personal skills - that will immerse them in a nutrient-rich environment of ideas. Have them serve in leadership positions in other community-service organizations – where they will come into contact with leaders in other fields - and bring that wealth of experience back to the firm. Have the firm take on an important pro-bono file that serves to benefit both society as well as the partners by connecting to their inner ‘higher calling’ and sense of purpose and serves as a leadership example to other members of the firm.
Thirdly, have your senior partners demonstrate the most important leadership quality of all – to become a living example of the qualities that they wish to see reflected in their associates and junior partners. If we are to develop lawyers into future leaders, we need to foster and encourage those who can clearly demonstrate that they can indeed, walk the talk. This is not a modern management principle. One of the earliest statements of this idea is as follows:
“The soul is dyed the color of its thoughts. Think only on those things that are in line with your principles and can bear the light of day. The content of your character is your choice. Day by day, what you choose, what you think, and what you do is who you become. Your integrity is your destiny … it is the light that guides your way.” Heraclitus (?535BC-475BC) Greek Philosopher
Our own collective future is premised in part on senior partners developing their inner leadership skills in order that they can ignite their own light for it to shine before others.
(this post is based on a column originally published in PracticeTalk in the Canadian Bar Association - BC Branch’s newsletter BarTalk)
♫ I would have lost it all,
But I now how I see how you were there for me and I can say
I’m stronger, I’m wiser, I’m better,
much better,
And I can say
Never would have made it,
Never could have made it,
Without you…♫
Words and Music by Marvin Sapp.
In discussing law practice management with lawyers and others in presentations, it has quickly become apparent that the process of sharing information is one of the most beneficial aspects of getting together and discussing matters of common interest. Accordingly, I would like to take this concept and apply it here - and make this forum a place where those interested in law practice management can email to me or post a question. I can take these questions and create a new posting based on the question and see the collaborative results from everyone then posting comments thereto.
So this is the invitation to all readers to post a question, comment or issue by either completing a ‘comment’ or by emailing your question to me at: info@thoughtfullaw.com. It is my expectation that the collection of questions and comments can become a repository of information that is practical and useful to others. I am hopeful that we can create an on-line community whose overriding interest is in sharing information amongst each other in order that all of us can say that we are all stronger, wiser and better!
♫ Here Comes the Night… ♫
Words and Music by Bert Berns, recorded by Them (Van Morrison).
ABA TECHSHOW
Here it comes – ABA TECHSHOW 2008! This is *the* legal technology program for lawyers and anyone involved in the delivery of legal services. For three days,
This year BC Crown Counsel Nils Jensen will be one of TECHSHOW’s new speakers, speaking on his innovative use of technology in the courtroom. Other Canadian speakers (full faculty listing can be found at: http://www.abanet.org/techshow/faculty/index.html will include Dan Pinnington of LawPro, recently appointed Judge Carole Curtis (who was until recently a Bencher of the Law Society of Upper Canada), Dominic Jaar, a litigator with
If you are a Canadian Bar Association member, you can save $100 off the registration fee (the CBA is a program promoter of TECHSHOW). Techshow is March 13-15, 2008 at the Chicago Hilton Hotel.
You will welcome the opportunity to go to a Chicago Blues Bar just to relax by the time Saturday evening hits, and say: “Here comes the night!” For more information go to: http://www.abanet.org/techshow
♫ How do I feel by the end of the day
Are you sad because you’re on your own ..
No, I get by with a little help from my friends
Mm, I get high with a little help from my friends
Mm, gonna try with a little help from my friends…♫
Words and music by Lennon-McCartney
It seems I am on a roll lately with The Beatles…and with a little help from my friends Allison Wolf and Doug Jasinski. It seems we are sharing a 2007 CLawBie award in the area of Practice Management Blogs! In addition I seemed to have snagged a runner-up award for Best New Law Blog along with Donna Seale’s Human Rights in the Workplace and Dan Michaluk’s All About Information.
I am humbled by this recognition. Blogging seems a solitary affair and it is gratifying to find your work recognized. I also wish to thank Steve Matthews and his work in developing the CLawBies …he is indeed a leader in the whole area of Canadian Legal Blogs and moving law into the world of Web 2.0. Steve deserves the most recognition of all!
And in reflection, you realize that as a blogger, you are not alone…you are part of a community of like-minded individuals - and we all get by with a little help from our friends.
♫ Come together right now over me ♫
Words and Music by Lennon-McCartney
I have been remiss in making a new post due to my scrambling to finish my papers for two presentations at ABA TECSHOW 2008 in Chicago in March. Papers are due this Friday!
This year’s rendition of the Worlds Premier Legal Technology Conference promises to be as good, if not better, than all past Conferences. I find the quality of the discussions between presenters and attendees, the first-class presentations and the ideas that crackle in the air to be a fairly heady mix! For anyone looking for new approaches, concepts, applications and inspiration, this conference is an extremely nutrient-rich environment!
I also hope to again co-host one of the Taste of Techshow dinners…so if you are coming to Techshow, sign up for my dinner and we can chat in person at one of the fine restaurants in Chicago!
Check out the schedule and hotel and travel information on the Techshow web site. Oh and come to my sessions: Records Management Technology: It’s a Small World After All and Drafting Bills Your Clients Will Rush to Pay.
See you there - March 13-15, 2008.
Come together..right now….over me!
♫ Only night will ever know
Why the heavens never show
All the dreams there are to know
Paint the sky with stars...♫
Music by Eithne Ní Bhraonáin, lyrics by Roma Ryan, recorded by Enya.
It is nearing the end of the year…time to look back on the year and reflect on what is past…and what is yet to come. You recall your earnest resolution at this time last year that “things were going to be different next year!” Reflecting for a moment you realize that not much has changed, people are more or less performing as they were last year. Your own performance has fallen into a predicable range – or rut. You ask yourself “How do other businesses manage to achieve better-than ordinary results?” What is their magical formula? Short of cracking a whip, how do you motivate yourself, and others, to excellence?
The high art of achieving extra-ordinary results from people has been clearly demonstrated time and time again. However, it is an inexact science with many factors and ingredients. Let us examine the tips and techniques that have been put forward towards achieving lofty goals:
- The Oracle at
- In doing some research into this matter, the April 2002 issue of Fast Company had an article on the
- So what motivates people to perform? Money? Study after study show that while employees desire money, they are motivated by intangibles: challenge, recognition, opportunity for growth, involvement, meaningful work and pride. Money is a way of determining success – keeping score, so to speak, and is therefore the result of doing excellent work, not the inducer. What is the world’s most powerful motivator? Achievement. “I do because I can”. Motivation is tied to “internal matters” – grey matter, ultimately..
- Assume full accountability for your future. Now surround yourself with other high-achievers. Place yourself in a high-nutrient mix – where the peers with whom you associate will radiate higher expectations and their own pursuit of excellence. We tell our kids not to associate with certain crowds – do we drink of the same medicine?
- Acknowledge other’s successes. Don’t dwell on errors – praise results in public and deal with problems in private. Listen to your staff and their suggestions and act on good ideas. Whenever possible, give immediate feedback (shortens the learning cycle) and positive reinforcement. Give staff greater autonomy and encourage them to be confident and responsible. Do the annual performance reviews – and let the staff member verbalize their own strengths and weaknesses – and set their own methods on how they are going to grow. Let each staff member know why each person is put in their position. Let each individual know what skill development is required for them to go beyond their present job. Be clear on what it is that you expect them to accomplish in their present position. Make sure that the people with whom they work know this, too. Most of all, be consistent – be seen to be dealing with the deadwood as a way of communicating that low performance is not tolerated.
- Offer to pay for skill development (job-related, interpersonal and communication skills). Encourage staff to seek out managerial responsibilities in social settings – community groups, schools, social institutions, non-profits etc. – for the skills that they learn in those settings will come back with them into the work environment – as well as the recognition for a job well done.
- Model the behaviour you want. Care – passionately – about results. The test of anyone’s character is when the going gets tough. Keeping firm hold of the basics – grace under fire – tells volumes to the world and keeps the troops going. Edith Wharton said: “There are two ways of spreading light: to be the candle or the mirror that reflects it.” Churchill went further and said: “In the past we have had a light which flickered, in the present we have a light which flames, and in the future there will be a light which shines over all the land and sea.”
- Bring people into big projects. Let them feel and be part of the action. They can learn from their involvement and you can benefit from their energy.
- Eliminate bottlenecks and Red Tape. Process is important – except where it becomes an inhibitor of performance and new ideas. Recognize where your own procedures could be putting the stop to greater things.
- Have fun. Go to: www.spacecamp.com and read the testimonials from the alumni. Operated in conjunction with NASA, these programs challenge kids and adults to be, in effect, rocket scientists. (There is a Canadian version as well: www.spacecampcanada.com). Comments from those who went through the camps (The 500,000th camper, Samantha Rice, graduated June 15, 2007) consistently state that it was the experience of a lifetime. Achieving excellence and mastering new ideas does not have to be a slog. The evidence is clear – people who are having fun outperform those who are not.
Moving to higher ground may ultimately depend on ignoring the glitter and concentrating on that quiet place inside all of us where dreams are made and a candle glows on what might yet be.
(this post is based on a column originally published in PracticeTalk in the Canadian Bar Association - BC Branch’s newsletter BarTalk)
♫ Come Monday morning’ I’m the first to arrive
I ain’t nothin’ but business from nine to five…
Well I’m a hard livin’, hard workin’ man…. ♫
Words and music by Ronnie Dunn, recorded by Brooks & Dunn.
The traditional view of management is that they must be continually focused on motivating employees lest the business fall into rack and ruin. However, research published in Harvard Management Update (Jan 2006) shows that most employees are very motivated when they start a new job. But, after less than a year, their motivation drops off significantly. Why? Paradoxically, the answer appears not to lie with the employees, but rather with management. Rather than motivating people, management’s style and overall behaviour can be a strong demotivational force that saps the natural energy and willingness of employees to do their best. Furthermore, thinking that the problem lies with the employees (and *of course* not with management), management then implements policies that only accentuate the difficulties that are facing the employees. You now have a downward spiral with management believing that they must ‘crack down’ further as they perceive they have a problem with motivation.
So what can be done to break this spiral and put staff and lawyers on a positive track that leads to both happy and motivated staff as well as management? Here is a selection of tips put forward in this area:
- Respect: Management often adopts a ‘need to know’ approach to communication. This inevitably leads employees to frustration as they are not clearly and consistently told why or why not certain actions must be done. Displaying a lack of respect for an employee’s need to understand not only what they must do but also why they need to be doing it is a very strong demotivational force. It reinforces the ‘us’ versus ‘them’ view of labour and management, it excludes employees from feeling part of the team and it leads to distrust – as employees never feel that they are being told the full story. Communication is poisoned as anything management says must be in turn, searched for its ‘true meaning’ – leading to speculation and suspicion.
- Recognition: Everyone likes to be recognized for their accomplishments. However, when a lawyer overtly takes credit for something done by his staff, or even worse, never recognizes when his staff has saved his bacon, the staff quickly catch on. Lack of meeting the basic human need of recognition – before clients, before other staff and before other lawyers – can quickly quell the motivation of any staff member to ‘go the extra mile’ for any organization.
- Expedite: Staff look to management for one major reason – to solve problems that are difficult or impossible for them to address due to their position in the firm. By failing to take action to make your staff’s job easier when requested to do so, you have clearly shown that you are unconcerned with your staff and the problems they face. Next time, be a hero by stepping up to the plate and quickly bulldozing a path for them to allow them to do their jobs as they wish to do them.
- Purpose: In some cases it is clear why staff member are being asked to do something. However, there may be tasks and projects that they undertake that are not clearly aligned with meeting client needs. In these cases, it is necessary to communicate how the task meets the overall needs of the firm. It is even better if all tasks can be tied to a ‘principled’ view of the firm – in other words, a mission statement that clearly states what purposes the firm serves, other than just being a vehicle to make money (for example, it would be a goal for the firm to be a leader in the community and a conduit for social change). These principles on which the firm lies will be the bedrock to which all the work of the firm is related – from providing pro bono services (as it meets the mission and goals of the firm), to building an informational infrastructure that allows the firm better meet the firm’s stated goals..
- Workloads and Pace: There is an old story about the last straw that broke the camel’s back. Unfortunately management can fail to heed warnings that continually adding to workloads or expecting too hectic a pace can be counter-productive and lead to burnout, absenteeism and departures. If any of these are a factor in your firm, you may wish to speak to your staff and start a dialogue about what is a reasonable workload and turn-around time period for work in order to improve the morale for the betterment of all.
- Team Members: Another old adage is that one rotten apple can spoil the whole barrel. In this case, failing to deal with a non-team player when you are trying to build up a strong functional team can be a frustrating exercise at best. Moreover, by keeping the rotten apple, you are communicating to the rest of your staff that standards are not enforced and there is no need for anyone to perform at anything but a mediocre level. This is one exception to the rule that firing someone (after visibly trying to work with them to improve their performance) can reduce morale. You may hear the quiet cheer when the troublemaker is finally shown the door.
- Take the Blame: Along with giving credit where credit is due is not allowing public fault to fall onto your staff. Leadership is demonstrated by openly accepting the burden if something did not work out as planned. This does not mean that you don’t work diligently behind the scenes and find out why something went wrong and take steps to correct it. However, if you clearly communicate in act, words and deeds that your desk has a plaque that says ‘the buck stops here’, you will encourage your staff to trust in you and this builds positive morale.
Management needs to be aware of not only how to actively promote motivated staff but also how their actions or inactions, as the case may be, may actually demotivate staff from their initial enthusiasm that they bring to their positions, in order to achieve an office full of hard-working men (and women) who are all business from nine to five.
(this post is based on a column originally published in PracticeTalk in the Canadian Bar Association - BC Branch’s newsletter BarTalk)
♫The winner takes it all
The loser standing small
Beside the victory
That’s her destiny…♫
Words and Music by: Benny Andersson and Björn Ulvaeus, recorded by Abba.
I have come across a very interesting blog by Bob Warfield called: SmoothSpan Blog whose goal is to “combine radical technology innovation with equally radical business model innovation to literally reinvent and extend SaaS.” He has some great thoughts and observations on the implications of the Web 2.0 model as it evolves. One of his latest posts - Oct 4, 2007 is entitled:
“What is a Social Network, Anyway? (Hint: It’s Not Geocities!)“.
I think that Web 2.0 is one of the most important technological developments in the last little while. I believe lawyers have yet to fully appreciate the implications of web 2.0 and its importance for them.
David Maister in his blog, has started a discussion (Wed. Oct. 3, 2007) entitled:
“Relationships: What’s the Problem? “
where he is exploring the difficulties in lawyers forming relationships with clients. This leads to the question: How many lawyers have incorporated the power of Web 2.0 in thinking about their relationships with their clients? How many law firms have considered how to use Web 2.0 to reach out to their clients? Where is the overlap between Web 2.0, lawyers and the new business model?
This is an interesting discussion and competition and one that is certainly being crafted as we speak. And my sense is that whoever figures it out first, the winner takes it all…that’s her destiny.