It's Not Just About Team Spirit: Great Managers Can Boost Your Bottom Line

law firm management article in CNN Money Fortune 

 

Considering the money law firms invest in every newly hired attorney, it would make sense for partners to pay closer attention to lawyer satisfaction. But according to Gerry Riskin, founding partner of law firm consultancy Edge International, "most firms are oblivious" to attrition costs. "That expense is unacceptable, yet firms have been accepting it," Riskin says.

– "Why are lawyers such terrible managers?" CNN Money: A Service of CNN, Fortune & Money, January 11, 2013

 

I encourage you to take a look at this article that recently appeared in CNN’s online Money/Fortune magazine, to which I was invited to contribute. Among the important points it raises is a statistic with alarming economic implications for law firms: according to the National Association for Legal Professionals Foundation, in 2010 firms with 251 to 500 attorneys lost nearly one fifth of their associates.  

As the article rightly points out, “Aside from salaries and bonuses, law firms spend thousands of dollars recruiting and training each associate, often paying for bar exam preparation courses, moving expenses, and continuing legal education. So when a lawyer walks out the door, that investment walks out with him.”

As most of us know from personal experience, lawyers are not necessarily good leaders. Although leadership and managerial skills are easily acquired, few firms see the value in investing in professional development in this area. In my experience, this is because most law firms have not seriously considered the costs they incur as a result of poor management – the loss of an unhappy associate being just one example.

In short, leadership skills can have a dramatic effect on a law firm’s economic prospects. The costs associated with management training are a valuable investment in the future of your firm.

I welcome your feedback on this issue.

What can law firms do when a partner underperforms?

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In his newest book, Tackling Partner Underperformance in Law Firms, Edge International partner Nick Jarrett-Kerr addresses a highly sensitive issue that has faced nearly every law firm at one time or another: What do you do when one of your partners is not pulling his or her own weight?

In preparation to write the book, Jarrett-Kerr conducted a ground-breaking, in-depth survey of partner underperformance at 22 law firms of all sizes from around the world. He then examined pertinent academic research from various disciplines in light of his own unique, wide-reaching blend of knowledge and experience in the fields of law-firm strategy, governance and leadership development.

The result is a realistic and comprehensive – and always compassionate – exploration of the roots and causes of partner underperformance. The book also offers a spectrum of strategies and best practices that may be undertaken by law firms that are managing partner underperformance (or are working to prevent it), depending on their particular goals and circumstances.

Jarrett-Kerr defines underperformance as “the consistent failure of a partner to meet the firm’s reasonable expectations or standards for productivity, profitability, quality, technical proficiency, client service or interpersonal relationships.” Underperformance by a partner is a problem that firms often wish they could sweep under the rug for a host of reasons, but Jarrett-Kerr points out that ignoring the situation can lead to potentially serious conditions for the firm, including:

  • diminished profitability
  • loss of opportunity
  • disaffection of high performers
  • challenges to the firm’s values, and
  • falling morale (p. vii)

Tackling Partner Underperformance in Law Firms provides guidelines that firms can use to determine and assess critical areas of performance, and examines how a compensation system can be optimized "that will align with partner performance.” Jarrett-Kerr lists motivators for strong performance, and sets out the various causes of underperformance, including: stress and depression; burnout and boredom; failure on the part of the partner to keep up with the pace of change; internal office politics; personal problems; and several other factors.

Jarrett-Kerr’s wide-ranging and highly user-friendly book goes on to set out plans and approaches that can help firms to support partners as they return to productivity, and it also addresses the issue of how to terminate the agreement if a solution cannot be reached. Most readers will find it reassuring to learn that in the majority of cases, underperforming partners leave before they need to be asked to do so.

Nick Jarrett-Kerr’s background, which includes eight years as chief executive partner at a leading regional firm in the UK, and ten years as a consultant to firms in 22 different countries on three different continents, has made him an authority on management and leadership topics with an emphasis on strategic and business planning, as well as issues of governance and structure, partner compensation and strategy execution. He is the author of Law Firm Strategy – After the Legal Services Act published in November 2009 (Law Society Publishing) and he is a visiting professor at Nottingham Trent University, where he leads the strategy modules for the Nottingham Law School MBA.

Edge International welcomes this contribution to the growing library of world-class law-firm resources that have been produced by our outstanding partners. We are proud to have been involved with Ark Group and Managing Partner in the creation of this book, and to have sponsored The Edge International 2011 Survey into the Management of Underproductive and Underperforming Partners which serves as its foundation, and which appears in the book as an Appendix.

Tackling Partner Underperformance in Law Firms is available from MP Managing Partner/ARK Group Publishing.

Mark your calendars! Nick Jarrett-Kerr will facilitate a web-based discussion on the subject of partner underperformance on July 18, 2012, 12 to 1 p.m. EDT. This Ark Group webinar should be attended by managing partners, senior partners, heads of practice groups and members of your firm’s C-suite. See agenda and register here.

 

2012 Law Firm Strategy Lessons from the Apollo 13 Moon Mission


Your law firm’s success in 2012 may require considerable ingenuity under extreme pressure just as it did from the crew of Apollo 13 for their safe return to Earth.

Apollo 13 was the third mission in the American Apollo space program intended to land on the Moon. The number 2 oxygen tank in the Service Module exploded en route to the Moon, approximately 200,000 miles (320,000 km) from Earth.  The developing drama was shown on television and depicted in the Apollo 13 movie based on the mission.

If you saw the movie, you may recall that the head of Mission Control assembled a team in a conference room and requested that the materials available to the astronauts in the Service Module be brought to the room because they had but a few hours to learn how to make oxygen to save the astronauts’ lives.

By contrast, when the senior leadership team in most law firms meets to explore strategy, there is no sense of urgency. Worse, after extraordinarily bright people come up with some amazing plans, in most firms they are doomed to atrophy due to a lack of execution.

As you consider 2012, I recommend that you:
 

  • Take off the rose colored glasses… the apparent good economic news is at best an exercise in extreme optimism and at worst the willful concealment of the truth
  • Clients have tasted economic power in the lawyer/client relationship and they are not going to give it up. In fact, if you are not exploring legal process management (LPM) in harmony with some of your most important clients, your firm is headed for rough seas.
  • Make your plans as if they were a matter of life and death because they very well may be. In today’s perilous times, your firm’s fate may be as precarious as that of the 3 astronauts when the oxygen tank exploded.


I confess that I have framed this in a slightly melodramatic way in order to be provocative. The serious lesson I ask you to take from this is that your plans need a deadline and they must be executed as if life itself dependent upon them. That is why in Edge, we make no apology for being obsessed with action.

Your comments would be appreciated as usual.

 

(Thanks to Wikipedia for the image and details)

Angry Birds help with best practices in one of India's most sophisticated law firms

I received this correspondence from Hoshedar Wadia, a partner in one of India’s most sophisticated law firms, Juris Corp.  This firm deals in matters that range up to the hundreds of millions of US dollars in sophisticated areas like Capital Markets, Structured Finance, Securitization and so on.  In the spirit of disclosure, I have had the privilege of serving this firm.  Do you believe the protocol contained in the following correspondence could serve your firm as well?

"We just shared something with our new recruits as part of their orientation and I thought I would drop you a line cause you have used examples like this very effectively in the past with us.
 
"There is a game ‘Angry Birds’ that I have on my mobile that is available for PC download as well.
 
"You have to shoot birds at structures (and at a pig) and make points to go to the next level. Each level is tougher and there seem to be an unlimited number of levels. At each level, you can try any number of times. But in the version available on my phone, after 2 attempts (and failures), it asks me if I want to connect to the internet and see how it is done (on you tube). If you view the link, the task suddenly becomes easier (not easy – but significantly easier).

"Message:
"Like angry birds, in Juris Corp too:
"(i)         Please try for yourself to get the results – try once try twice but if you don’t get it by then then seek help (ego and stubbornness have little place in a knowledge-based industry);
"(ii)        The reason you must try yourself is because you may come up with a better way of doing something than the internet or ‘online help’ version will show you;
"(iii)       The reason you must take help after a few tries is because you owe the Firm and the Client, if any, (a) a quick turnaround (so it is not acceptable that you try and try and try till you succeed); (b) best costs (which means you don’t re-invent) – but always subject to you trying first on your own (the reason you are in Juris Corp is because somebody believes you may find a better way);
"(iv)      Look at the online version/precedents, even if you succeed – to see if it could have been done better?
(v)       Learn and adapt – the higher levels will always require you to draw from what you have learnt at the lower levels."

Punchline: Too many partners throw their associates to the research and protocol winds with a sink or swim attitude.  This policy deprives both associates and clients of what they deserve.  I think Juris Corp has it right and I am grateful to my friend, Hoshedar Wadia (Juris Corp partner), for granting me permission to share this with you.

Recovering from information overload (McKinsey Quarterly)

All of the Managing Partners with whom I work are devoured by their "multitasking work environments".  "Recovering from information overload" (McKinsey Quarterly, January 2011) authors Derek Dean and Caroline Webb have succinctly laid out their take on the problems and solutions:

Problems (multitasking):

slows us down,

hampers creativity and

makes us anxious and it’s addictive)

Solutions (Coping with the deluge):

Focus,

Filter and

Forget

Perhaps the most valuable part of the article lies in an exploration of how to hit the "reset button".

If you are the Managing Partner (or have any leadership responsibilities in your firm) I suggest you read this article twice, once to assimilate it and next to make your action plan for the parts or pieces you want to implement.  Download the PDF or read online.

 

 

 

 

 

 

 

Attorney at Work Delivers Daily Ideas for Lawyers

I am honoured to be in the esteemed company of the publishers and advisors of Attorney at Work that promises “One Really Good Idea Every Day”

There is no cost to subscribe and the ideas will flow starting in January.

I recommend that you subscribe now

Congratulations in particular to my long time friend, Merrilyn Tarlton who conceived this idea with Joan and Mark Feldman

 

Simon Tupman's Future Firm Forum 2010 New Zealand The Management Imperative

"Do, Don't Say !" Seth Godin simply nails it.

Sorry for offering the punchline in the title… but Yoda would be so proud (of Seth Godin)

Extract from Seth Godin's blogpost: Won't get fooled again 

If you catch yourself making a promise that's been made before, stop. Don't spend a lot of time and effort building credibility with this sort of promising, because it doesn't pay off.

Make different promises, or even better, do, don't say.

Law firm leaders, if you don't know who Seth Godin is, subscribe to his blog and/or read his books. He offers a perspective that you won't get at bar association meetings.

Finding Success in a Global Paradox (Keynote ALPMA Sydney 22 Oct 2010 -- Password Protected -- registered participants only)

Around the World Speaking Tour (Gerry Riskin -- Edge International)

SEPTEMBER 2010

September 24th, 2010
ADR Institute of Canada National Conference September 23-24, 2010
Plenary Session: Optimal Marketing for ADR professionals
Workshop: Effective Marketing for ADR professionals
Calgary, Alberta

OCTOBER 2010

October 9th, 2010
Fordham Law School (for Prof Silvia Hodges)
Guest Lecture: Law firm management: Strategy
New York, New York

October 14th, 2010
(with Nicole Auerbach a— Valorem Lw Firm))
Making Alternative Fees Work in Litigation: How to Approach and Craft AFAs
Virtual Program… webinar: Find out how to incorporate AFAs for your litigation matters, and how to avoid the many pitfalls that can arise along the way in this information-packed audio conference. During this 75-minute program, our expert faculty will present best practices for approaching, crafting and implementing these highly sought-after engagements.
Information & Registration

October 22, 2010
ALPMA summit
Keynote address:  Finding Success in a Global Paradox
Sydney, Australia
Information & Registration
 
NOVEMBER 2010

November 4th, 2010
Chief Legal Officer Forum, Public Sector
Auckland, New Zealand


November 5th - 7th, 2010
Plenary Session: Future Firm Forum 2010
The Management Imperative
Tongariro Lodge at the south end of Lake Taupo, on the North Island of New Zealand
Information & Registration

November 11th - 14th, 2010
(with Edge partner, Juhi Garg
GROWTH STRATEGIES 2015
LAWASIA 2010 Conference
The session will describe how Asian law firms can prepare for a flourishing economy including strategies and processes required to fuel growth both organically and inorganically.
New Delhi, India
More Information

 

Welcome to Edge International, Pam Woldow !

My Edge International partner, Jordan Furlong, has done a nice welcome piece on Pam Woldow already (at his Law 21 blog) but I thought I would echo that Edge International is so very proud and delighted to have her on board.

Also, thank you to friends who have joined us in congratulating Pam, like Valorem's awesome founder, Pat Lamb, who expressed delight in his In Search or Perfect Client Service blog post.

Those of you who know Edge International well can be assured that we are intent on growing in strength and capabilities.

Please make sure you follow Pam's new Blog, At The Intersection, for her continuing wisdom and counsel. 

Stay tuned.

 

 

 

Will the Legal Profession Use the World's First Temporal Analytics Engine?

I met virtually with Recorded Future this morning for a close up briefing of how their Temporal Analytics Engine might be used by law firms.  Firms who use this can better predict the needs of their own clients and prospective clients as well.   There is so much more that this technology can do if used effectively, including monitoring the industries that a firm serves now and perhaps should serve in the future.

How often does a potentially powerful competitive weapon come along for the legal profession… and, more importantly, will law firms recognize it when they see it?

 

 

 

 

 

 

 

 

 

 

 

Recorded Future, the world's first Temporal Analytics Engine, is a new predictive analysis tool that allows you to visualize the future, past or present.

Start by reading their blog post today Law Firms and Recorded Future.  Then sample their video explanation on their home page

My Prediction:  Very few law firms will do an exemplary job of exploring this technology.  Those who do will likely meet considerable resistance internally from those who are slow to trust technology and especially revolutionary technology.  I am completely OK with that. 

What excites me: is that a few law firms that see the true potential of this technology and will use it in imaginative ways.  At Edge International, our core business is helping clients who are committed to achieving competitive advantage.  You can bet we will be exploring this with our clients, and maybe some prospective ones as well.

 

Would you associate these powerhouse law firms with "Quality of Life"?

Top 10 recipients of associates' seal of approval:

1.    Ropes & Gray
2.    Williams & Connolly
3.    Morrison & Foerster       
4.    Fitzpatrick
5.    Shook, Hardy & Bacon
6.    Hughes Hubbard & Reed          
7.    Jones Day
8.    Davis Polk
9.    Paul, Weiss
10.  Skadden, Arps

View the entire 2011 Vault Law Firm Quality of Life Rankings.

ROPES & GRAY REPEATS AS BEST LAW FIRM TO WORK FOR; LAW ASSOCIATES AT WILLIAMS & CONNOLLY MOST SATISFIED


SECURITY -- a lucrative future-oriented practice area awaiting your firm

Greg George, Managing Partner of top security firm GTI Advisors Threat Management Practice Group has created a comprehensive due diligence report — among his many recommendations, he suggests that businesses consult a law firm  - is your law firm ready to answer that call?  SECURITY may be a lucrative future-oriented practice area awaiting your firm.

I recommend:

1)  Check out GTI Advisors Threat Management Practice Group

2)  Download (free) and read Beyond Due Diligence

3) Note the section "Qualified Legal Counsel Is Worth Every Penny" on page 18.

4) Discuss this in your firm and explore an appropriate strategy before you are left in the dust by forward thinking firms that will.

Footnote: Determine if you are the cobbler with no shoes (when it comes to security) — perhaps your law firm could use a few of the amazing ideas in this document as well.

Note:  For international clients, this piece is clearly written for American audiences but I believe the vast majority of the content will be useful regardless of your location.

 

Think Pink ! Motivators More Powerful than Money (revisited)

This clever animation may reinforce Dan Pink's message from his new book Drive. 

Compensation has been the tool of choice in law firms to reward good performance, punish the absence of it and drive change.

You will not want to believe what you are about to hear and see…  ask yourself why?

If you are enlightened, gather your management team and start thinking about how to harness the learnings to create peak performance and lower turnover in your firm.

Edge International Review Winter 2010

We are very proud of our latest Edge International Review.    For a complete downloadable version (or just the articles you want) click on the cover or go to EdgeInternationalReview.com

If you have any questions , comments or suggestions, please shoot me a note.

(You can also check out our Edge International web site at Edge-International.com)

Guru to the Gurus: David Maister

Nearly three decades ago, in the early days of Edge International, there was only one writer in the area of managing a professional firm that commanded our unqualified respect and attention. That was David Maister.

“Managing the Professional Services Firm” is the Bible, according to many leaders of some of the largest professional service firms in the world. “True Professionals” spoke to the firms for whom dignity and quality service were the engines of success. And he wrote so much more in collaborations and articles.


In Edge, we were lucky enough to find ourselves presenting at a few conferences in common with David, in various places around the world and one day ended up having a very private informal retreat. This led to the creation of PracticeCoach®, an extraordinarily comprehensive video-based resource to help law firm leaders around the world. It stars David.  What a joy it was to create with him.

His philosophy was so in harmony with ours.  For example, we loved his guarantee of satisfaction (and were proud that we offered one as well even before we knew he did).

There were some very cool things I learned from David:

  • David loves his wife, Kathy, with such passion and always treats her as his trusted advisor and coach. (She's the Guru's Guru.) With Kathy, David taught my wife, Bethany, and me how to travel for weeks internationally without checking luggage. “IMPOSSIBLE!” we said standing on the curb in front of their place one morning with four huge suitcases’s while David and Kathy had their little rollers behind them. “You just need to learn how to pack properly…” they replied, and during our next visit we got the tutorial. (Actually, David and Kathy, if you wrote a book based on that tutorial….) Bethany and I owe David and Kathy the moon for that advice.
  • David exemplifies passion. He loves his wife and his music collection which is of a magnitude that makes it the 8th wonder of the world…and he’ll sing till dawn. :-)
  • David has energized audience after audience…forcing thought about important issues and even more importantly, sometimes with the help of voting machines, making them actually decide on things.

I am not surprised by the awards and accolades* he has received… just delighted.

The good news is that this is not a eulogy (even if it sounds like one). David and Kathy’s infectious smiles will remain available to us for many many happy years to come.

If there is a sad note in this homage, it is that David's retirement represents a loss to my beloved legal profession and all the other professions he served so well.  However, his books and programs live on. As I write this, I am helping a prominent South American firm to use the study in his book, “Practice What You Preach,” to help them analyze and choose the most fruitful areas of focus for their continued improvement.

Maybe David’s and Kathy's retirements will be like some famous souls who preceded them who were coaxed back into the game for an important gig or two.

By the way, Kathy retired from one of the most incredible video enhanced blogs in history: startcooking.com where you can still experience valuable lessons - check it out !  This is not an amateur undertaking - you will find broadcast-quality production values.


David and Kathy, Bethany and I treasure you and I know if we gathered those of like mind we’d need a mighty big arena.

Retire in good health!! Well earned - BRAVO!

 

*awards and accolades

EXCELLENCE: 2 mins on "Don't Fear Failure" with TOM PETERS

Tom Peters gave me the thrill of my life when he endorsed my book The Successful Lawyer.  I have revered this genius over his many masterpieces starting with In Search of Excellence and then so many more amazing literary, video and blogging contribution

So, law firm leaders, as you think about excellence in 2010, enjoy this message delivered by one of my heroes, Tom Peters (in under 2 minutes).

I hope you'll take hours to reflect on its meaning in your context.

Gerry

PS  If you have partners who won't look at the video , here's a transcript

Law Firm Leadership Eye Openers

Take a few moments at the beginning of your next (executive, practice group, industry group, client team) meeting and watch this piece from Australia's George and Margaret Beaton (Beaton research and Consulting).  They have been friends for a long time and not only built an amazing high end consultancy but have done it with panache and imagination.  You will see some data that will act as a catalyst for the thinking of your leadership team.

Enjoy:  The Big (Legal) Picture video

Punchline:  The legal Profession absolutely refuses to stay the same so don't let your partners treat it like it will.

Pat Lamb's added this commentary at his awesome Blog,  In Search of Perfect Client Service:   You'll like irrelevance even less

Edge International proudly annouces Jordan Furlong

It is a proud day for all of us at Edge to add such a distinguished partner.  After law school, Jordan articled with one of Canada's leading law firms and then opted for a career in legal journalism culminating with more than 10 years as editor-in-chief of the Canadian Bar Associations distinguished well respected National magazine and executive editor of CCCA Magazine

Now Jordan joins us to offer both strategic and tactical advice to lawyers, law firms and legal organizations, centered around his very clear vision of a legal service marketplace undergoing massive and irreversible change.

Among his other accomplishments, Jordan is an award-winning blogger.  He has been writing since January 2008 at Law21: Dispatches From a Legal Profession on the Brink, where he chronicles the extraordinary changes underway in the legal profession. He is an Honourary Fellow of the College of Law Practice Management and Chair of the College's InnovAction Awards, which recognize and reward creativity and innovation in legal services delivery.

Welcome aboard Jordan !  (See his biography on our Edge International site)

 

 

Motivators More Powerful than Money?

I believe in capitalism and free enterprise.  I have a business degree before law.  My practicing years were spent helping clients increase their profits… managing partner years helping my partners increase theirs.  You'll get no socialistic psychobabble from me.

I encourage you to assimilate the compelling evidence that increasing compensation in the hope of enhancing performance actually backfires.  Law firm leaders need to understand when money motivates and when it does not.   In fact, "too much" money demotivates.   Get an introduction to the science that supports this hypothesis in the Ted Talk below.

Once the basic compensation is right, there are better ways to motivate.  If not money, then what?  According to Dan Pink, the presenter in this Ted Talk, the three motivating elements for those who work with complexity, like lawyers, are:

  • Autonomy
  • Mastery
  • Purpose

PUNCHLINE: Investing 18 minutes and 40 seconds may start you on the path to leading your firm to legendary performance, your lawyers staff and clients to legendary satisfaction and, last but not least,  your firm to legendary profits. 

 

Surviving the Slide

 

I was honoured to be included in the round table that culminated in the cover story of Law Pro

Click on the image to download the PDF.

I am in good company.  The roundtable included:

Karen MacKay

Merrilyn Astin Tarlton and

Ed Flitton

If you would like the entire magazine, download it here

How Optimistic Law Firm Leaders Might React to Wall Street




The image above is the core of the post of internet phenom, Rajesh Setty, in his post today at Life Beyond Code: Optimists and Pessimists - The big difference is..

Couple that with the wisdom of lawyer and legal profession provocateur, Patrick Lamb, in his post today: Silver Lining in Black Economic Cloud? in which Pat says among other things:

If you don't see the opportunity to restructure relationships in ways that produce savings for your clients while at the same time strengthening your relationship with that client, you need to open your eyes.

Punchline:  My asking Managing Partners to treat the deterioration of the economy seriously is in perfect harmony with seeing the situation as a competitive opportunity.  My view of Dynamic Resilience as an alternative to a traditional strategic plan is just that - exploiting the opportunity to be stronger than competitors in challenging times.  (Remember the hiking joke when one hiker says to the other “I don’t have to run faster than the bear; I only have to run faster than you”).

I invite you again to push the button.

 

 

Law firm Leaders - here's 3 minutes 53 seconds from Tom Peters

Tom Peters on the Definition of Leadership from Tom Peters on Vimeo.

Whether you are Firm Chair, Managing Parter, Practice Group Leader, Industry Group Leader or Client Team Leader, I believe 3 minutes and 53 seconds will prove a useful catalyst for your thought. 

Don't let your "winning streak" become a "losing streak"

Is your “winning streak” about to become a “losing streak”?  I believe it is likely unless you prepare for the test you didn’t ask for but are about to take.  Let's be honest, most law firms have had a pretty good run and your partners are well accustomed to it.  Will your partners understand what a decrease is? Will your firm maintain the winning attitude that brought you this far?  If you don’t think the next few miles of road are bumpier than you're used to then the following may be of little interest (except perhaps for the reference to “denying the facts”).



I Irecommend that you visit (or revisit) Confidence - How Winning Streaks and Losing Streaks Begin and End by Harvard’s Rosabeth Moss Kanter. 





Rosabeth Moss Kanter's biography for those interested

Confidence is a road map that helps you react more constructively than you might otherwise have to the challenges you will face (like this deteriorating economy).  The losing streak is fraught with a disease whose symptoms will infect your people - they include::
  • Stop communicating
  • Criticize and blame
  • Disrespect others
  • Become isolated
  • Focus inward
  • Let inequalities develop and persist
  • Lose initiative
  • Forget goals and aspirations
  • Spread negativity
  • Deny Facts
Your job as a Managing Partner (or as a member of the senior management team) is to understand and live Kanter's three cornerstones  of confidence:
  • Accountability
  • Collaboration
  • Initiative
Most Managing Partners don’t read business books (don’t be insulted – you don’t have time and our studies so indicate).  So may I suggest you subscribe to one of the two excellent services that I subscibe tothat  summarize or abstract many good books for you in a short 10 to 20 minute read. Often they also provide an audible version for your iPod also from 10 to 20 minutes in length.

Check out Soundview Summaries and getAbstract.  If there are others, let me know.

PUNCHLINE:  Put Rosabeth Moss Kanter on your informal advisory team by buying the book or subscribing to one of the summary services above.  You cannot prevent the legal profession from having a losing streak here – but you can prevent your firm from having one.

If you had been in White and Case's NY boardroom last Thursday...

...you would have seen my Edge International colleague and friend, Robert Millard, present the findings from the latest Managing Partner Forum Survey related to differences in approach to strategy in firms in the United Kingdom vs North America, and also in CPA (Accounting) Firms vs Law Firms.  (Click on the sample slide to enlarge)

Download your own copy from Robert Millard’s Blog, Adventures in Strategy, post: Slides from Managing Partners' Forum meeting at White & Case LLP, New York on Thursday, 18 October 2007

Leaders: Genuine Inspiration from Sir Richard Branson


Is the UK's wealthiest man also its wisest?  If you have about 1/2 hour to sit in on a fascinating conversation with Sir Richard, head over to Adventures in Strategy, my Edge colleague and friend, Robert Millard's blog post: Richard Branson on Life, Succeeding in Business and Everything
(Recorded March 2007 in Monterey, California. Duration: 30:44.)

I am very biased - Richard Branson is one of my heroes - nevertheless I will risk exclaiming that there is no Managing Partner who could experience this discussion and not be inspired.

Meaningful Recognition from Managing Partners and Practice Group Leaders



Harvard Business Online has a coach named Marshall Goldsmith who has written or co-edited 22 books.  In answer to the question:
How Do I Provide Meaningful Recognition?
Marshall references the following:
  1. List the names of the key groups of people that impact your life -- both at work and at home (customers, co-workers, friends, family members, etc.).
  2. Write down the names of the people in each group.
  3. Post your list in a place you can't miss seeing regularly.
  4. Twice a week -- once on Wednesday, once on Friday -- review the list and ask yourself, “Did anyone on this list do something that I should recognize?”
  5. If someone did, stop by to say "thank you," make a quick phone call, leave a voice mail, send an email, or jot down a note.
  6. Don’t do anything that takes up too much time. This process needs to be time-efficient or you won’t stick with it.
  7. If no one on the list did anything that you believe should be recognized, don’t say anything. You don’t want to be a hypocrite or a phony. No recognition is better than recognition that you don’t really mean.
  8. Stick with the process. You won’t see much impact in a week – but you will see a huge difference in a year.
PUNCHLINE:  Many of the Managing Partners and Practice Group Leaders I serve do not have time for business publications (there are notable exceptions, of course).  Perhaps this introduction to Harvard Business Online will whet the appetite for and lead to requesting a free subscription.  The eight items above may not be perfect for your situation but I hope it stimulates your deciding the kind of recognition protocol you want to follow.

Read the entire Harvard Business Online post: How Do I Provide Meaningful Recognition?

How Ordinary People Become Extraordinary Managing Partners

As most Managing Partners are aware, during 25 years as CEO of GE, Jack Welch added more value than any other CEO in history.  Accordingly, some folks think it worthwhile to analyze what Jack Welch did that fueled those exemplary results.

Much has been written about him and by him but now there us a book called:  What Made jack welch JACK WELCH: How Ordinary People Become Extraordinary Leaders by Stephen H. Baum and Dave Conti.  (I borrowed from this title in naming this post because I believe that Managing Partners might find this analysis helpful.)

Here is an excerpt from a blog post today on Management Craft, Discussions About State of the Art Management which highlights an article called Shaping Experiences by one of the book's authors, Stephen H. Baum. 

This excerpt from the article is what I believe may be a useful self-assessment checklist for managing partners:

"Archetypal shaping experiences contribute to the cake turning out well. The ten broad categories of shaping experiences are listed below and are shown with a brief definition and explanatory quotes from the leaders I interviewed for this book:
1. Swim in Water over Your Head. Take a calculated personal risk without specific knowledge of how to succeed.
"You gotta do things outside your comfort zone. On purpose."?
"I figured I'd get beat up pretty good in this fistfight, but I had to do it. I got a big lump on my head, but I didn't die."
2. Make the Tough Choice. Choose group benefit over personal interest, or choose between two "rights."
"Sometimes you have to take a good friend off the team and make him feel okay about it. Or do it anyway."
3. Solve the Key Puzzle. Even if it is not your job, figure out the root of the problem or opportunity.?
"Sometimes the crowd runs in circles. You have to concentrate and see what everything hangs on -- even if it is not your accountability."
4. Parent at Work. Help others to grow and to perform exceptionally.?
"You learn a lot from your parents and by parenting your own children; sometimes thinking as Mom or Dad at work helps."?
"Ask what you would do if your people were family -- you get some good approaches."?
"Treat your employees as you would want your children treated."
5. Sell Something/Get Others to Buy In. Win hearts and minds to create followers.?
"Sell an idea. You'll be doing it a lot."?
"Get people to vote with their feet, part with their money -- it's what life is all about."
6. Connect with Others. Understand what motivates others -- walk the talk and speak their language. Enlist them as much by your deeds as by your words.?
"This plane will get fixed a lot faster if the mechanics want it to. It won't fix itself."
"A lot of bosses treat their people like they're nobodies. My guys do their best because it's about us, not about me."
7. Build a Team. Gather and lead a group in a common endeavor, and succeed. Or fail at first and try again. Get average players to play like stars. Add new members and weed out underperformers. Set direction and change it while keeping the team together.?
"When you have to deliver, you need experience in selecting people and getting them on the same page."?
"Pickup football taught me how to handicap horses -- who will perform and who will not."
8. Get Good on Your Feet. Learn to communicate, dialogue, and project your authenticity in real time.?
"I was the leader of the singing group. That is when I got used to speaking in front of others. It came in handy later."
"I ran for student council. That's when I learned to handle the hecklers."?
"I wanted to create an atmosphere of fun around a serious proposition. I organized and led a parade in the building. It not only did what I wanted, it also got me noticed in a good way by the boss."
9. Develop Your Crap Detector. Practice your intuitive ability to read subtexts of conversations and to detect individuals whose words and behaviors are not what they pretend them to be.?
"In the military police, we had to ask questions and make quick judgments about people -- a guy who seemed real nice might have beaten someone up a few minutes earlier."
10. Look in the Mirror. Assess your own values, beliefs, and behaviors critically.?
"I didn't want to hear it, but the criticism made me look inside myself. I changed my career, headed for operations. "?
"He made me see my passion -- it's why I stayed in this field against all odds."?
"He told me I'd never make partner if I could not disagree without being disagreeable."
See the full blog post here or order the book here.

Incidentally, about Stephen Baum:
"Stephen H. Baum has been an adviser and coach to CEOs for more than twenty years, first as a partner with Booz Allen & Hamilton, the global consultancy -- where beyond the client work he was also on the appraisal and development committee and mentored young associates -- then as an independent practitioner."

Seduced by Success


Ahhhh yes… seduction! 

Many great firms that I serve have a common enemy ”complacency” which Is indeed the result of decades of success.  Managing Partners complain that they are unable to get their partners to pay attention to their future.

Read Jim Hassett’s blogpost, Have lawyers been seduced by success? In his fantastic blog: Legal Business Development.

Here’s a teaser quote: 

If you like money, it's a great time to be a lawyer. In Citigroup's Law Watch survey of "153 US law firms broadly representative of the industry," law firm revenue has gone up 9.8% per year since 2001. But as Bill Gates put it: "Success is a lousy teacher. It seduces smart people into thinking they can't lose." We know lawyers are smart people. Do some think they can't lose?

Read why Jim argues that you ought to read:


20% of UK Managing Partners want to leave the law*

*According to the largest-ever research program in the UK legal profession, it appears that as the Beatles sang “money can’t buy you love”

I am not certain that the numbers would be different elsewhere in the world but at least are informed by recent and credible statistics.

The Lawyer.com article: Twenty four per cent of lawyers want to quit said in part:

 "Although the City [London] has seen a series of hefty salary rises and increases in partner profits, the rise in earnings has not contributed to overall happiness."

I speculate that there are three reasons for the responses of the Managing Partners (whom I believe have one of the toughest jobs on the planet):

1)  they are frequently under-trained and undereducated in management;

2)  they lead people who too often have little desire to follow

3) they have tasted a life that is a departure from the grind of finding work, recording hours and billing clients and they seek an environment that will value their learned managerial and leadership skills. 

Your thoughts?

Check out the full article

Does Cravath have an ace up its sleeve?

I am not willing to bet against Cravath Swaine & Moore, are you?  In fact their strategic decision in creating an insolvency practice may be cause for additional respect rather than cheap shots.

The Wall Street Journal in a post called:  The Horror! The Horror! Cravath Starts a Bankruptcy Practice is quite hard on Cravath by referring to its new practice area as "declasse" and by asking whether " the ultimate white-shoe firm, has decided to scuff up its oxfords a bit".

But before deciding that the recruiting of former Skadden partner Richard Levin,  "one of the authors of the 1978 U.S. Bankruptcy Code" might be in some way negative, think about this. 

Perhaps the brilliant minds at Cravath have peered into their crystal ball and decided that $4.00 per gallon fuel, an expensive war, continuing low interest rates, a sliding dollar and a rapidly deteriorating housing market mean that many significant businesses are on a collision course with insolvency.

PUNCHLINE:  It will be interesting to see what the hindsight analysis on this event is two years from now when my speculation is that  Cravath Swaine & Moore and the word "ultimate" will be used in the same sentence without any reference to scuffing up its oxfords.

Most-Admired Law Firm Leaders


Thank you to Law.com and to Bruce MacEwen's Adam Smith Esquire for referencing our Edge International Most-Admired Law Firm Leaders

We have released a survey in which top law firm managing partners identify their most admired peers.

Over 60 law firm managing partners responded to the Edge survey, which asked them to identify which law firm leaders, from firms other than their own, they admired the most for their management and leadership competence. They were also asked what qualities made their selections admirable.

The survey concluded that Robert M. Dell, chairman and managing partner of the law firm Latham & Watkins LLP, is the most admired law firm leader, receiving 13% of the respondents’ total votes.

Regina M. Pisa, chair and managing partner of the law firm Goodwin Proctor LLP and Lee I. Miller, Firm joint chief executive officer of DLA Piper US LLP, tied for second place for respondent votes in the poll. Other firm leaders who rounded out the top ten most admired law firm leaders include: Ben F. Johnson III, of Alston & Bird LLP; Cesar L. Alvarez, of Greenberg Traurig, LLP; Bob Odle, of Hogan & Hartson LLP; Patrick McCartan of Jones Day; Ralph H. Baxter, Jr., of Orrick and Herrington & Sutcliffe LLP; T. Kennedy Helm III of Stites & Harbision, PLLC; and Keith W. Vaughan of Womble Carlyle Sandridge & Rice LLP.

It is notable that Odle and McCartan were selected by those surveyed, as both have retired from their respective firms.

When asked what leadership and management qualities made their selection admirable, the most common responses included: a willingness to make change, promote ambitious agendas, the ability to handle tough issues and get people within the firm aligned, and a commitment to maintaining the core values of the firm.

According to Patrick McKenna, my Edge International partner who initiated the survey: “One of the interesting developments was that we heard from another dozen or so firm leaders, who took the time to send us e-mails apologizing that ‘they were not familiar with other managing partners’ or ‘didn’t know enough to identify anyone specific.’ I guess our profession is not yet rife with numerous well-recognized management role models, but this survey shows that we’re evolving.”

Suggestica is launched - Your synergy may have just begun



As a Managing Partner (or other member of the senior management of your firm), it is extremely important that you look beyond the incestuous offerings from inside the legal profession. Internal thinking sometimes has us gazing at our own navels.  If you want a glimpse of the outside world but in a way that is extremely time efficient, suggestica may be the answer.

Today at 8:00 AM PST, suggestica launched both the suggestics web site and the suggestica blog.

You can sign up for a newsletter at the web site and if you do not have an RSS aggregator you can sign up for an email alert at the blog.

Knowing the genius of the people who are behind this site, (including Rajesh Setty), I am optimistic that the "suggestions" from "suggestica" will be highly valuable to you as a thought leader in the legal profession.

You might start with Rajesh Setty's blog post called Paradox of Choice for Books which will link you to a fabulous free pdf download containing fascinating research by Barry Schwartz.

The other people you see referenced at suggestica will either be people you have heard of (like Oprah Winfrey) or people whom you should know, if you don't already (like New York Times Columnist and prolific author, Thomas L. Friedman).

Punchline:   Look outside our legal profession for catalysts for thought and the learnings that can be translated back into our profession for great benefit.  As a leader you want to keep it fresh and keep it powerful.

London's Sue Stapely Speaks - I encourage you to listen

Dear friend, Sue Stapely, FIPR FRSA is thought to be the UK’s only practising solicitor providing comprehensive strategic communications counsel, with unrivaled experience, particularly working in the legal sector.

Read her July 20th article in UK's Law Gazette:

When reputations are on the line

Here's a tiny excerpt:

…we should also worry about the reputations of our firms. One slip, one oversight, one badly handled complaint, one aggrieved staff member can destroy overnight reputations that took decades to establish.




.

Seth Godin's Receptionists

Seth Godin's blog post on Receptionists is 100% correct.  When I was a managing partner, my firm required a receptionist for our largest office.  I personally reviewed 215 applications myself and created my "A list", about 42 applicants, whom I invited for interviews late one afternoon.   I asked 6 of my partners to help me and we interviewed 6 applicants each.  Any WOW applicant was interviewed separately by at least two partners.  Were we insane to take so much partner time on this?  You decide.

PUNCHLINE:  For many years thereafter, we had a legendary receptionist whom clients loved on the phone and in person.  I personally received an average of two positive remarks about her every week.   Many of my partners and associates reported similar experiences.  She created the "positive experiences" that Seth blogged about.

I remember a call from New York one day and the lawyer started by saying: "before we get to the business at hand, I just have to tell you...".  I did not have heart to tell him "yeah, I know, you are the 100th person this year to tell me". 

By the way, I told that receptionist about every single positive comment I heard, personally or second hand (and no, that did not lead to extortion - she appreciated the recognition and the credible praise). 

Cynics - who are tempted to guess that she was the winner of a beauty pageant – don't go there –  she got the job as the best applicant and got her praise on merit - her performance was awesome.

The Seven Immutable Laws of Change Management (Law Seven)

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"Law Seven" and conclusion from my article: "The Seven Immutable Laws of Change Management

7)Turn a spotlight on your initiative and leave it on

Many firms have fabulous meetings, sometimes in retreat venues where everyone participates in the creation of the master plan that will make the firm the "be all and end all". All participants leave the process feeling a sense of pride and excitement that is palpable. It is only after the passage of a few months and the absence of any visible accomplishments that the disillusionment sets in. The cynics and skeptics have a field day — they might as well all buy red tee shirts with yellow words emblazoned across their chests "I told you so". Well, Managing Partner, you must not allow this outcome. It is lethal and you cannot recover from it. Instead you need the lights that were on at the retreat to remain on. This is accomplished by not allowing the insects to crawl back under the rocks — (out of sight, out of mind). Instead you need to design processes that keep your people (not insects at all) in plain view. You can decide for yourself what might work best for you, but here are some of the techniques I have observed or recommended:

a) Monday Morning Memos (as referenced earlier) giving weekly status reports to showing everyone's progress on the distinct steps (actions) that have been agreed upon. This creates healthy peer pressure and allows no-one to hide.

b) MBWA (Managing by Walking Around) coined by Tom Peters and Bob Waterman in their business classic In Search of Excellence — this means frequently dropping in, unannounced, to ask the right questions and to offer help — "How is that list coming… I see you are struggling to get this done in light of your particularly heavy case load at the moment… let's explore some options… to whom could you delegate some aspects of this… I need you to make progress because others know you have an exceptionally heavy work load and if they see you getting your tasks done you will have effectively removed their excuses — I need you to do that… I will do anything to help short of doing your task for you…"

c) Convene follow up meetings that exchange "learnings" that individuals have gleaned from their respective tasks, for example, how they worked with difficult people internally or how they overcame client resistance. This should not be a meeting where everyone reports progress — progress meetings become meaningless exercises in seeing who can offer the most creative excuses for failing to deliver. This is a peer level training meeting where the objective is to become ever more effective at accomplishing quality non-billable tasks.

Conclusion: Fostering change in a law firm seems impossible because most Managing Partners treat the activities associated with such change as if they were component pieces of a legal transaction. Partners are so reliable when it comes to their substantive legal work that it seems unthinkable that they could not complete mundane simple tasks associated with management initiatives. Well, the real world is that the non-billable activities are not even on the same psychological map as the billable ones. Billable work means everything to a lawyer from income to professional satisfaction to garnering the respect of peers (internally and externally) to being respected in social circles. Non-billable work, no matter how important, and regardless of the value to our futures, will always take second place to billable work unless you, Managing Partner, manage for a different outcome. The score in many firms is billable work "100" and quality non-billable work "0". By following these seven immutable laws of managing change, you will change the latter score from zero and even if you only to "99 to 1", you and your firm will be the beneficiaries of the infinite improvement from "0" to "1". Further, in the legal profession, those who make continuous slight progress win the race, because most competitors are still tied to that pier.

Law #1
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Law #4
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(…thanks to Cameron Cooper of the Australian Law Journal where my article first appeared)

The Seven Immutable Laws of Change Management (Law Six)

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"Law Six" from my article: "The Seven Immutable Laws of Change Management

6)Tell the world

Do you know why betrothed people say their vows in front of friends and family — to cement their commitment. It is the same reason a banker friend told me the bank does television commercials: "not just for our customers but for our own staff so that they can see the service promise we make to our customers and as a result they are more likely to live up to that promise".

Tell the world what you are shooting for, whatever that may be - in fact, you can say it before it is so: "striving to be the firm of choice for the wholesale industry". I am not advocating misleading or untrue advertising but I am saying it's OK to declare what you are striving for. Your current and prospective clients will hold you accountable but that's OK because it helps define the standard for your people and gives clarity to their target and therefore their everyday performance.

(Law 7 and conclusion)

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(…thanks to Cameron Cooper of the Australian Law Journal where my article first appeared)

The Seven Immutable Laws of Change Management (Law Five)

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"Law Five" from my article: "The Seven Immutable Laws of Change Management

5)Ask for commitment - not agreement

One of my most successful friends (and clients from my law practice days) has a One Sentence Journal and he posted the following wisdom one day:

"Commitment and Doubt": Commitment does not require the absence of doubt; often commitment means acting despite your doubt.
(From Larry Anderson's One Sentence Journal June 17 entry.) (Larry's success is not only financial — it transcends to a long-term happy marriage and philanthropy.)

Think about it. You do not need your entire firm to agree with you and should not even ask for that. What you must demand, and accept nothing less than, is that your people commit to help you achieve your objectives even if they have doubts. At worst, someone who is not pivotal to the initiative may remain neutral and that means not sabotaging the effort in any way. But for that exception, those who offer passive or active interference must be confronted. If you don't have the support to pull that off, step aside. You are allowed to lobby for that support but it must be forthcoming or else your resignation should be tendered. This is not hypothetical - this is how the well-managed firms are run. Choose your initiatives carefully because you must succeed in attempting them. They don't all have to work but you have to be allowed to try them and give them the firm's best efforts. If not, call the election.

(Law 6)

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(…thanks to Cameron Cooper of the Australian Law Journal where my article first appeared)

The Seven Immutable Laws of Change Management (Law Four)

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"Law Four" from my article: "The Seven Immutable Laws of Change Management

4)Create cult-like internal promotional communications

This is where your capable support professionals can shine. They can help you create imaginative ways to keep the initiative in front of your people. The internal trainer in a major firm showed me high gloss promotional announcements that were sent internally to remind audiences about various internal workshops. I asked about the "commercial nature" of the alerts and he responded that "I have to break through the noise" to get their attention. He's right, of course. It's like paying attention to your spouse. If you take your spouse for granted, you may not end up alone but you will not reap the rewards that would have been yours had you been more attentive.

Some firms use Monday Morning Memos to catalogue progress on the action checklist, person by person. Others celebrate to congratulate for achievements (compete with cake and silly hats — perhaps tee shirts adorned by appropriate slogans).

(Law 5)

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(…thanks to Cameron Cooper of the Australian Law Journal where my article first appeared)

The Seven Immutable Laws of Change Management (Law Three)

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"Law Three" from my article: "The Seven Immutable Laws of Change Management

3)Paint "the first step" in vivid colours

"Take the first step, and your mind will mobilize all its forces to your aid. But the first essential is that you begin. Once the battle is started, all that is within and without you will come to your assistance." Robert Collier (1885-1950)

As leader, you are going to have to foster the taking of the first step by every individual whose participation is essential to your change initiative. This means that the first step must be crystal clear and painted by you in vivid colours so that no individual hesitates because of lack of clarity. The simplest way to do this is to facilitate a discussion that results in "to do" lists that include actual initial steps and time lines, and if necessary, methodologies. For example, the first step might be compiling a list of prospective clients in a particular industry that would have need of a particular service. The action may involve delegating internally (or even outside the firm) the task of creating the initial list and might include identifying precisely the parameters within the list, like numbers of employees, locations etc.

The punch line is to have a first step that is clear enough that you can ask if a specific thing has been done. For example, "is the initial list ready" is only a sensible question if it is clear that the first step was to create such a list and precisely what that list would be comprised of.


(Law 4)

Law #1
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(…thanks to Cameron Cooper of the Australian Law Journal where my article first appeared)

The Seven Immutable Laws of Change Management (Law Two)

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"Law Two" from my article: "The Seven Immutable Laws of Change Management

2)Create a vivid picture (vision) of where this initiative leads

It is tempting to be vague because then you are not committing to anything. Not committing avoids scrutiny and criticism. But without certainty, your troops cannot get excited about your change initiative.

Be specific: "If we dominate the provision of X legal services to the Y industry, we will not only increase our revenues in both the A and B practice groups by at least 25% in the next two years, but we can also expect increases in the C and D practice groups of at least 10% attributable to cross selling initiatives from the A and B practice groups". Obviously the particulars are customized to the situation but the point here is to be specific. While quantifiable measures are essential to your firm's success, qualitative ones may be equally motivating to your people. For example, many of your people will work hard for the prize of having more work of a preferred nature or to do more work for preferred clients.

You will rarely be exactly right when it comes to strategy and tactics — and that is OK. You will almost always do better or worse you're your forecast. Get comfortable with being wrong because that is what management is all about. If you meet your objectives all the time, you are way too conservative. You will learn from your performance and continually correct and fine-tune. This is not the practice of law — it is the management of the business. In a real estate transaction, we expect to get good title for the purchaser on closing. This is not a guess or a hope or speculation. It is precise and we had better get it right — it's what we're being paid for. But a percentage increase in revenues from a particular kind of work is a crap shoot. No matter how smart you are, there are some variables beyond your control and many that are beyond your capacity to predict accurately. Worse, even if serendipitously your strategy is perfect, your tactics may be quite imperfect, at least initially. Business winners constantly monitor outcomes and frequently change or at least fine-tune tactics in an effort to continuously improve results.

The punch line here is to create a vivid quantitative and qualitative description of a desirable outcome that everyone in your organization can relate to, knowing and accepting that it is not perfect.

(Law 3 - Link to Law #1 if you missed it)

(…thanks to Cameron Cooper of the Australian Law Journal where my article first appeared)

The Seven Immutable Laws of Change Management (Law One)

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"Law One" from my article: "The Seven Immutable Laws of Change Management (with thanks to Cameron Cooper of the Australian Law Journal where my article first appeared)

Managing Partners: Why is it that your intelligent (no, make that "super intelligent") lawyers seem to react to your change initiatives like you were asking them to drink a tankard of poison, even when they know full well that the brilliant changes you are proposing would be beneficial to them individually and collectively? When we get Managing Partners from various firms together, many of them want to commiserate with each other about the impossible task they have in managing the unmanageable - I suppose my Edge International co-founder Patrick McKenna, and I did not cure that perception when we named one of our books Herding Cats. Some Managing Partners with whom I have had the pleasure of working are exceptions to that rule and what follows is what I think I have learned from them over these many years.

Here are the seven immutable laws of creating change in your firm. I guarantee that if you respect these rules, you will get the cooperation you need to effect the changes that will catapult your firm forward.

1)As Managing Partner, propose imperfect change initiatives

YES, I said IMPERFECT and when you saw that word a feeling of anxiety overcame you and you were tempted to react as a lawyer and not as a change-agent for your firm. Let me be clear. As a lawyer, your job is to do "the right things, perfectly". That calls for unflawed effectiveness and efficiency. You probably hope your surgeon, if you ever need one, practices to the same standard. But face reality — as the manager of your firm, you do not have the luxury of doing only "the right things" because nobody, including you, knows what the "the right things" are except in hindsight — and hindsight is too late.

As a result, most good firms are paralyzed by the tedious, never-ending and totally ineffectual process of divining the perfect strategy accompanied by the perfect tactics. These firms are ships tied so firmly to the pier that no matter how well steered, they go absolutely nowhere. In fact, their biggest claim to fame is that they hit no icebergs — few ships do from the pier. Such firms may do "industry-average" well, but they are not going to consistently break out of the pack. Temporary successes come from individual initiatives that the firm is likely unaware of and therefore does not impede with excessive policies and standardization.

In strategy, you must make the best decisions you can with what you know and what you can speculate about. I am not against a little market research - in fact I advocate it but I am against the notion that you can know enough to comfortably make strategic decisions with the confidence that you are most certainly right.

Most good collegial firms make the mistake of trying to convince the whole firm (at least the partners) that a decision is "right" before proceeding. There is no collection of competent lawyers exceeding one in number that can or will agree to any single course of action mainly because their training is not to find the wisdom and potential in an idea but rather to reveal the concealed risks within it. No idea will ever be good enough so looking for unanimous approval is antithetical to creating change.

You as Managing Partner and your close team (executive committee, board if necessary) must make a decision. You must choose what you think your best option is from among the available alternatives.

The punch line here is "abandon perfection in favour of action". Force the decision-making process within a reasonable time frame and then get moving. Release your ship from the peer. This will give you immediate competitive advantage. It will also contribute to the esprit de corps of your firm and that will literally add fuel to your change initiative. If you are going in the wrong direction, you can alter your course.

Please note that this is your initiative as Managing Partner — not your approval of the initiative of a support professional (like the marketing director in your firm). You can work together with such support professional side by side, you can even give them most of the credit if the initiative is successful but it must be your initiative, at least in part, or you have no hope of succeeding.

(Law 2)

Fabulous Article by Bruce Marcus features 65 client teams at Akin Gump

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(Click on photo for bio.)

Bruce adds this terrific article to The Marcus Letter:

ALL TOGETHER NOW - IT'S OUR CLIENT
The Client Service Team As A Growing Phenomenon

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The article features Iris Jones who breathed life into this concept at Akin Gump. Bruce speaks very highly of her and her achievements - click on photo for bio. Bruce does a nice job of describing the elements that had to be in place at Akin Gump to support their client team initiative.

Visit Bruce's newsletter regularly. Just click on The Marcus Letter logo below.

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It's their funeral...

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I am generally critical about how law firms are managed, although always out of a sense of affection and respect for my profession. Even I was shocked by what I read about the management in Dorsey & Whitney's London office:

But old-fashioned bad management is apparently playing its part too: one partner issued an email after the London bombings explaining that he had billed 7.5 hours on that day and expected his team to do the same. Apparently, he also refused to allow anyone from his team to attend the funeral of a partner who died shortly after leaving the firm.

This is actually excerpted from a news story on the rollonfriday.com site (which is supported by advertising from major London law firms).

On Dorsey & Whitney's web site, the firm proclaims of its own management that:

Our management team is comprised of experienced law firm professionals, dedicated to creating an environment in which our attorneys can put clients first.

Reconcile that with this excerpt from the same story which says:

…at least eight associates have resigned.

There may be hope! In the recruitment section of their web site, under the heading "Firm Structure/Management" appears the following Q&A:

Are non-partner attorneys involved in firm management and governance?

The Council is a representative body that serves to strengthen the voice of Dorsey's non-partner attorneys. The Council welcomes feedback with respect to concerns, issues and ideas from all non-partner attorneys. The Chair of The Council regularly reports to firm management.


Perhaps "The Council" will have a go at this issue.

PUNCHLINE: While the behaviour alluded to here is about as bad as I have seen, I promise you that Dorsey & Whitney is not alone in having socially dysfunctional, destructive lawyers in their midst. Do not imagine for a second that this kind of negative influence comes without expense. What does it cost to recruit eight associates? I'll bet no firm would dare subtract that number from the billing revenue of some maniac in order to determine compensation.

One Managing Partner confided in me that the greatest contribution he has made in his tenure as leader of his highly profitable international firm is the firing of 60 partners, including some that so demoralized others that their impressive billings just "were not worth the pain and suffering they caused, emotionally or in extra expense".

MY WIFE'S WISDOM: Sometimes my wife Bethany really nails the point - her reaction was: Dysfunctional people with power are going to have to realize that their behaviour simply is not anonymous anymore.

Clifford Chance Managing Partner Too Rusty to Return to Practice

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Peter Cornell, Managing Partner, Clifford Chance

I admire 53 year old outgoing Clifford Chance Managing Partner Peter Cornell for his integrity and self awareness in saying that "his skills as a lawyer were too rusty for him to return to practice" according to an article in today's New York Law Journal by Anthony Lin titled: Clifford Chance Managing Partner Stepping Down

I am not worried about Peter Cornell who is likely in sufficient demand to have his choice of lucrative careers after he steps down as MP. The importance of this story is not about Peter Cornell or Clifford Chance. My point pertains to the many managing partners in much smaller firms who risk their futures for their firms every day. Many have no built in compensation safeguard to allow them to gravitate back to practice after retiring from their Managing Partner role. There is a serious period of adjustment to attract work and to ensure that work is of the highest quality.

The worst part for many firms is that their Managing Partners are well aware of this vulnerability and therefore refuse to dramatically diminish their law practices and therefore do not spend serious time and effort on management. I have worked with a number of firms where the managing partner is too busy to manage but won't (or can't) delegate much to others. These firms pay the biggest price of all because the meander through the years virtually unmanaged.

It is time for all law firms of more than a handful of lawyers to realize that there is a return on the investment of management and a competitive disadvantage for ignoring that fact. They must create safety valves for Managing Partners who can then lend themselves to the management of the firm with enthusiasm rather than dabble in it while carrying a heavy caseload.

Fun in a law firm? You bet!

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Managing Partners — start thinking of ways to harness this little philosophical gem in your firm:

Fun is not a distraction from work or a drain on our revenue; it is the very source of both our inspiration and our value. A genuine sense of play ignites our creativity, eases communication, promotes goodwill and engenders loyalty, yet we tend to shun it as detrimental to the seriousness with which we think we need to approach our businesses and careers.

Extracted from a wonderful recent post in influxinsights - I encourage you to read it in its entirety.

You = Your Calendar

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Thank you Tom Peters for this tidbit from a post called "Stuff…":

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ALL THERE IS. Damn it! I keep forgetting this! Leaving it out of presentations! Namely, a PP slide that simply reads : You = Your Calendar. THIS IS MY #1 BELIEF ABOUT MANAGEMENT. Or: "You can't bullshit your calendar." Or: "Your calendar knows ... do you?" All we have is our time. The way we distribute it is our "strategic plan," our "vision," our "values." Period. So how'd you spend your precious time today? Tell me, and I'll tell you what you actually care about—it's simple and unerring.

FASTFORWARD: I have an expression I use when talking for senior power partners in client firms: "Your behaviour is so loud, I can't hear what you're saying". This is usually in the context of seniors lecturing juniors about perfection but the juniors have their eyes fixed firmly not on what the seniors are "saying" but what they are "doing" Tom Peters has this so right — a reminder to every single one of us to make sure that our 2006 calendars consist of the behaviours that are in harmony with what we aspire to (otherwise we are engaging is self deception). Thanks for the reminder, Tom

Partner Mandi Fleiser turbo charges Grant Thornton's "esprit de corps"!

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Mandi Fleiser

If esprit de corps in your office is so fantastic that you are looking for ways to suppress it, then skip this post. However if you want to see a brilliant, simple and time efficient way of enhancing it, then treat this as a mini case study. (Esprit de corps is "a feeling of pride, fellowship, and common loyalty...")

Mandi Fleiser is a partner in Grant Thornton's Johannesburg office — she transformed an abstract thought into action… she breathed life into her idea.

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The Misty Hills Country Hotel outside of Johannesburg

During a recent retreat that my Edge International partner, Robert Millard, and I facilitated for her partnership at The Misty Hills Country Hotel outside of Johannesburg, South Africa, as part of a more comprehensive strategy process, we encouraged participants to describe specific actions that might move the firm closer to its objectives.

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is in great demand but with everyone working so hard, predictable challenges arise. This is further exacerbated by greater regulation and more rigorous processes in the accounting profession. The bottom line is a palpable strain on the firm's most precious resource, its people.

Partner Mandi Fleiser suggested that all the firm's personnel needed an upbeat frequent reminder of what they could be "proud of" and "pleased about" and she conceived Mandi's Monday Memo, the first installment of which I am honoured to replicate here (with permission).

I know the print will be too small for you to read it and I have x'd out sensitive information but you get the idea. I have extracted her chosen Zig Ziglar quote:

"People often say that motivation doesn't last. Well, neither does bathing-that's why we recommend it daily." Zig Ziglar American Sales Trainer, Author, Motivational Speaker

Mandi's headings include Marvelous Moments (firm accomplishments including jobs well done and clients attracted) What I love about GT (excerpts from a five minute exercise at the retreat when we asked partners to write on a slip of paper and submit what they loved best about the firm) and Quote of the Week (this week's highlighted above).

FASTFORWARD: THANK YOU Mandi for the inspiration to partners in all professional firms. Here is what every partner can emulate: Mandy:

a) conceived the idea,
b) converted the idea on her own initiative,
c) did not delegate it but rather preserved the gravitas that comes from a partner doing this herself.

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This post was published with Grant Thornton's permission.

David Maister updates his site

For you David Maister fans, and I will include myself in that category, David has given his site a lift complete with welcoming video. You can also sign up for a notification of his articles as he publishes them. There is a wealth of knowledge and materials there. Check it out!
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Legal Processes Destroy Leaders - Maybe That is Why It Is So Hard to Lead a Law Firm

The techniques managers use to get through a tough agenda in a business context are completely useless in a deposition. To survive the deposition, managers are trained to avoid the tactics they would have used in a business situation. Those who lead law firms are often experiencing more of a deposition environment than a business environment. Perhaps this is why some lawyers want their firms to be more "corporate".

This insight arises from the analysis of Wall Street Journal writer, George Anders, in his July 26 article called Depositions Require A Skill Set Leaders Don't Use on the Job (subscription required) in the July 26 WSJ (page A17 if you haven't thrown out your hard copy yet). Anders nicely illuminates the contrast between the very different business and deposition contexts.

FASTFORWARD: Those who live in law firms know what I mean when I say that the law firm environment resembles a deposition more than it does a corporation. A partnership meeting can be as grueling as a deposition. Support professionals (like marketing directors) often feel devoured by the environment. I believe that the lawyers training, especially litigators, fosters the propensity to lawyer their way through meetings making the leader's job next to impossible.

Lawyers must be highly critical and analytical when creating or improving documents or winding their way through the strategy of litigation. These are essential behaviors for lawyering but lousy for managing or being managed. Therefore, unless attorneys become aware of their propensities, they will bring this mode of behavior into all they do, including how they react to management, whether firm-wide or at the practice-group, industry-group or client-team level. Support professionals like Chief Marketing Officers walk away from encounters bewildered and frustrated by these strange (to them) lawyering behaviors that people outside the profession rarely exhibit (especially in corporate settings).

PUNCHLINE: Leadership requires "followership" which means that the more an internal meeting resembles a deposition ("examination for discovery" in many jurisdictions) the less productive the business meeting will be.

GOODNEWS: I have found that lawyers who are briefed about these anti-business behavioral propensities can easily transcend them. Once they are aware of them, groups self-police those who mistake the management meeting for a deposition; the noticeable increase in progress achieved is the immediate and reinforcing reward.

38% of Law Firms are the Sand and their Clients are the Sea

In a recent Edge International Survey on Strategic Planning, we learned the following:

10% of firms have a strategy to remain flexible and opportunistic ("OK!")
13% of firms are in the process of preparing a strategic plan ("We believe you!")
15% of firms have a strategic plan but have not committed it to writing ("Oh my!")
60% of firms have a formal, written strategic plan ("Congrats — if all your people know what it says")
2% Other responses

If you ask most lawyers where their next matter will come from, they will say something like "it depends…". If asked: "depends on what?" the response is typically "depends on who calls or writes or faxes or emails next". Great plan. You just sit there like a grain of sand on the beach and your next work opportunity depends on the the nature of the next wave that rolls in.

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Planning is about making choices about what you prefer to do. You earn the right to do those things by providing more valuable legal work that the right prospective clients can appreciate.

PunchLine: If you don't have a written plan, you don't have a plan. If you don't have a plan, then you are a ship without a course… and guess what happens to ships without a destination.

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Law Firms as "Exclusive Clubs for White Men"

Is Diversity on your management agenda? Has it ever been?

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This is a serious wake up call to every single member of your law firm's management team.

Diversity is not some do-good-philanthropic-topic for a tea party of the rich and bored. Diversity is serious business: serious to business; serious for business… not to mention that it is the right thing to do.

In her Law.com article today, Wal-Mart Demands Diversity in Law Firms, Meredith Hobbs explores the demands that General Counsel in major corporations are placing at the doorstep of law firms.

The General Counsel referenced in the article are in the following companies:

Wal-Mart
Visa International
Del Monte
Pitney Bowes
Cox Communications

The article goes on to say:

So far, close to 100 general counsel have signed on, including those from some of the nation's biggest companies.

If you think you can get by this issue with tokenism, you need to understand what is being demanded of you. For example, the article includes these quotes:

The nation's biggest retailer wants to see diversity at the top.
The goal… is to "increase the number of women and minorities directly responsible for [our] relationship at our law firms."
"We are terminating a firm right now strictly because of their inability to grasp our diversity expectations,"

In her Separate but Equal article in Marketing the Law Firm, a Law Jounal Newsletters publication, Elizabeth Anne 'Betiayn' Tursi offers this advice:

The idea that law firm leaders need not be at the helm of these initiatives can only mean that it will be doomed to fail. The chair or managing partner of a firm must be a proponent of the causes and must be involved in every aspect of promoting the initiatives. In the case of creating this particular blueprint, management serves as the "project leader" or lead architect. Leadership can set the tone for the institution of these initiatives and is in the enviable position of selecting others in the firm who can also promote and develop the actual initiatives. And yes, there should be a chair for each initiative — diversity, pro bono, recruiting and marketing — who meet once a month, with the directors of these initiatives to ensure that they are working together to develop the blueprint, and also to make certain that these individuals are in a positions that enable them to have a voice in implementing the programs to achieve the intended result.

Notes:

1) The title of this blog is based upon this quote from the Law.com article:

It is no longer enough, the general counsel at the symposium said, to raise the numbers of women and minority lawyers in a firm's lower ranks if its upper echelons remain an exclusive club for white men.

2) Photo Caption (Thank you Purdue)
A Purdue sociology professor explores racial and ethnic relations in his book "Diversity and Unity." Martin Patchen says inequalities among ethnic groups often lead to prejudice, segregation and discrimination. (Purdue News Service photo illustration by Vince Walter)
Color photo, electronic transmission, and Web and ftp download available. Photo ID: Patchen.diversity
Download Photo Here

Edge International Review — Winter 2005 edition

The Winter 2005 edition of our quarterly magazine, Edge International Review, is now available for downloading as a PDF.

This is a full color 40 page magazine so may takle a few minutes to download. (Some browsers will display the magazine without downloading it.)

Senior management team members in law firms may request a complimentary subscription to the hard copy version by sending me an email.

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Innovaction Awards Deadline extended to July 13

DEADLINE EXTENDED FOR INNOVACTION AWARD ENTRIES TO JULY 13 (so I take the liberty of posting on these awards again).

At Edge International, we are very proud of our Innovaction Awards that we produce in concert with The College of Law Practice Management.

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Awards (by firm size) will be presented in four categories:

Client Service Virtuosos
Sponsored by ABA Law Practice Management Section
Those evidencing the best innovation in client service or delivery.

Market Disruptors
Sponsored by Greenfield/Belser Ltd.
Those who have displayed the best innovation in the creation of an entirely new revenue stream or market development.

Knowledge Stars

Sponsored by Baker Robbins & Company
Those who have made the most innovative advances in skill-building or knowledge-sharing initiatives.

Leader Ships
Sponsored by Astin Tarlton
Those who have taken the most innovative action toward improving their internal management or firm efficiency.

If you have any questions about the awards, kindly contact my Edge International colleague, Patrick McKenna, by email or phone him at 780.428.1052.

If you are curious, you can read about last year's winners here.

"Commitment and Doubt"

Commitment does not require the absence of doubt; often commitment means acting despite your doubt.

From Larry Anderson's One Sentence Journal June 17 entry.

FAST FORWARD: I believe this insight can be extremely powerful in managing law firms, or any professional service firms for that matter. Bright people are constantly analyzing because that is what they do to perform their work. As a result, they always see "the other side". No firm initiative can be free from second guessing. Therefore when we ask for a commitment, we either get a feint-hearted one or some level of resistance (from individuals who believe the initiative is flawed.)

I believe Larry's sentence is the mantra for amazing firms…because there, the troops understand that leadership requires their commitment notwithstanding doubt. For many firms this is a shift in mindset from , "I'll do it only if I personally have a profound belief in the initiative," to "I will trust my leaders enough to follow through on committments even if they might be flawed.

PUNCHLINE: This doesn't mean that we can't strenuously argue with leaders as plans are formulated — it means, once the decision is made by a properly constituted leadership team, we will follow through notwithstanding our doubt.

See the Links heading at Larry Anderson's One Sentence Journal site for his new RSS feeds.

I am in very good company - Seth Godin and I share a hero: Tom Peters

"Top law firms lean towards flotation"

I believe this is the most important story in the legal profession in your lifetime, even if you are a centenarian. It redefines the debate as to whether law is a profession or a business. According to today's Financial Times UK edition,

"One in 10 of the 100 biggest law firms have indicated they could seek a stock market flotation in the wake of planned rules allowing outside investment in the legal sector."

And of those who are not contemplating a flotation:

"one in five expected their firms to seek outside investment"

"Two-thirds of the managing partners, in effect the law firms' chief executives, said their firms were likely to admit professional managers to the partnership."

Food for thought - Good News and Bad News:

The Good News: The notion of allowing non-lawyer partners would permit key support professionals like Executive Directors, Financial Officers, Marketing Directors, Training Directors, IT Managers, Knowledge Managers etc etc to have a stake in the business. I am OK with that - especially if it reduces the "us vs. them" attitude that is so prevalent between lawyers and non-lawyers in many firms.

More Good News: Investing in the firms future by enabling it to improve value to clients through training and infrastructure is a great idea.

Final Good News (sort of): A few wealthy people will get much wealthier in the initial deal (it's called cashing out). Maybe they promise to stay around for a while for cosmetics and even shake a few hands now and then, but let's not be coy, the desire of power partners to get a whopping return is what will drive these deals. Some not-so-senior partners will get some good cash too. (Where were those lake cottages for sale again?)

The Bad News: Selling a stake in the firm, whether to the market or an investor, is suicidal. This investment comes with a built-in poison pill. Here is the progression:

Step One: Senior partners cash out. (Note, Step One of Bad News is borrowed from Good News... as Leonard Cohen sang, "we are locked into our suffering and our pleasures are the seal".)

Step Two: Everyone feels very excited - they will now be a part of something big and supposedly wonderful and corporate - perhaps the firm will even be managed now. There will be champagne and hats and lots and lots of publicity. (Clients will yawn).

Step Three: Reality sets in... these investors want WHAT? ... a return on their investment… off the top? What are you talking about. Profits are for partners. Oh, and those things that we used to do because we thought it was fitting for members of the profession to "give back" are not going to get approved without a business case for how they generate new fee income? The grey area between business development and boondoggles will be grey no more. Fly economy, buster. We have standards of performance that are enforced and your friend in the corner office can no longer protect you (she already cashed out, remember?).

Step Four: "Hey, wait a minute", say the young Turks, "why should we suffer in a firm where 20% of our profits, off the top no less, go to outside investors? Hmmmm, I could be generating the same income in a firm that does not have outside investors… hmmm, let's consider this for a nanosecond. [The next sound you hear is the whirring revolving doors as the up-and-comers leave for greener pastures.] (Greener pastures are defined as firms who were not daft enough to get on this bandwagon in a moment of mind numbness.)

Step Five: The remaining productive career-oriented partners say "this isn't working" and the investors are saying the same. We are losing talent, morale has plummeted, no-one listens to the turn-around CEO you brought in from industry… the future is far from bright if we stay on this path… "better liquidate".

Step Six: The remaining partners make an offer to buy the firm back from the investors for 10 cents on the dollar (or 10 P on the Pound Sterling) and the episode fades into oblivion.

For those who are thinking: "this story is about the UK - not our jurisdiction" I will simply remind you that the largest firm in the world is based there—along with a number of other global legal powerhouses.

I would like to extend my congratulations to the 9 out of 10 biggest firms who are not contemplating a flotation and the four out of five who are not interested in private capital either. You are the wise ones - you don't need capital that way - you can generate your own. After all, you are in a people business - you do not compete with Intel. If you did, you might need a few billion for a plant in Asia. All you need is to keep your wits about you as a few of our colleagues proceed lemming-like into the sea… I'll see you at the Carlton Club and we can lament their tragedies over a cognac.

Law Firms and Fantasies

Fantasies, Dreams & Goals
A fantasy is something you love to think about but you don't expect to happen. A dream is something you believe might happen, some day. A goal is something you're committed to make happen, supported by an action plan you are implementing. (from today's One Sentence Journal by Larry Anderson)

Food for thought: The highly cerebral lawyers who comprise senior management teams in blue chip law firms often can not resist the temptation to fantasize and dream. It is the gifted Managing Partner/Leader who allows the creativity of fantasizing and dreaming but gently (or, if necessary, not so gently) reduces the plan to the identification of realistic goals. In law firms, great ideas are plentiful... it is that rare phenomenon, "execution", which creates competitive advantage.

Leadership or Management (Lion or Lamb)?

Bruce MacEwan, in his blog, Adam Smith, Esq., posted a fascinating question yesterday: Is Leadership Management?

It's worth your time to read both Bruce's commentary and access the Harvard Business School article he references: Great Managers Understand Their People

Food for thought: In most law firms today, the Managing Partner does not have the authority to lead. The expectation tends to be that the Managing Partner will manage. Most partnerships don't want to be led - at least, they don't think they do - and they don't trust anybody enough to allow them to try. (Many Managing Partners are selected because they are safe choices - they will not rock the boat.) Leaders emerge, I contend, by having the courage to lead notwithstanding the incomplete support and authority... great Managing Partner/Leaders pleasantly surprise their partners who don't argue about tremendous results. Managing Partners joke about being the fire hydrant in a pack of dogs - that's not going to change anytime soon - so, Managing Partners, it's the lion of lamb dilemma - I hope you go for it!

Law Firm Leaders - Death Row - Blink or else!

Predict death with 90% accuracy without facts?

According to an article on April 27 in the Christian Science Monitor, titled "Using Software to Model Death Row Outcomes":

... an artificial neural network managed to... predict with more than 90 percent accuracy who would be executed.
What some observers find alarming about the outcome is that the 19 points of data supplied on each death-row inmate contained no details of the case. Only facts such as age, race, sex, and marital status were included, along with the date and type of offense.

What does this tell us? I am addressing this to law firm leaders but this should be equally fascinating to every lawyer, especially litigators. As lawyers we trust our power to reason and we rely upon that power in others. Do we rely upon this assumption to our own detriment? If you want to comprehend this, you must read Blink by Malcolm Gladwell (which is today #3 in the New York Times Best Selling List).

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