“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) Law #1 Law #2 Law #3 Law #4 (
thanks to Cameron Cooper of the Australian Law Journal where my article first appeared)
The Seven Immutable Laws of Change Management (Law Four)
“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) Law #1 Law #2 Law #3 (
thanks to Cameron Cooper of the Australian Law Journal where my article first appeared)
The Seven Immutable Laws of Change Management (Law Three)
“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 Law #2 (
thanks to Cameron Cooper of the Australian Law Journal where my article first appeared)
The Seven Immutable Laws of Change Management (Law Two)
“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)
“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)
Introducing Harvard’s Connie Bagley – your potential business development weapon
Constance E. Bagley, Lawyer, Author, Harvard Professor PUNCHLINE: Constance Bagley has not offered the services for which I suggest you may want to retain her but in a discussion with her I learned of her willingness to utilize her unique capabilities for the purposes I hypothesize about. I will be fascinated to see whether one or two action-oriented firms actually explore this idea with her. I will certainly be discussing this with my law firm clients. Whether you are a Managing Partner, a Marketing Partner or a Marketing Professional working in a law firm, Constance (Connie) Bagley may hold a key to your developing business, both by satisfying existing clients and attracting new ones. What if you invited Professor Bagley to address a meeting of your clients on the subject of “Harnessing the Power of the Law”? What if she could show your existing (and maybe prospective clients) the untapped value that lies in your services just awaiting harvesting by your clients? What if she could help your clients practice what she calls strategic compliance management so they can go beyond the legal requirements and convert constraints into innovation opportunities? Why Connie Bagley? Her credentials, credibility and original work regarding the value of law to corporations can help your firm pursuade top clients of the valiue you can offer. Professor Bagley graduated magna cum laude from Harvard Law School in 1977, and was invited to join the Harvard Law Review. She received her A.B., with Distinction and Departmental Honors, in 1974 from Stanford University, where she was elected Phi Beta Kappa her junior year. She is a member of the State Bar of New York and the State Bar of California. She was a corporate securities partner at Bingham McCutchen and now teaches at the Harvard Business School. She has also taught at the Stanford University Graduate School of Business where she received Honorable Mention for the Stanford Business School Distinguished Teaching Award. Her practice and academic research focus on helping lawyers and managers work together as partners to increase the value created by the firm while effectively managing risk. At Harvard, she teaches the MBA elective Legal Aspects of Management, as well as being on the faculty for the Entrepreneur’s Tool Kit Executive Program. Her first two books, Managers and the Legal Environment: Strategies for the 21st Century and The Entrepreneur’s Guide to Business Law, are used at more than 100 business schools and law schools worldwide. Her Curriculum Vitae is 21 pages long if you care to learn more about her credentials. Go to click here. What’s in it for your firm? I have noticed while working with even large, sophisticated, blue chip law firms that individual lawyers find it challenging to quantify the value that their lawyering can bring to their clients (existing and prospective). I am suggesting that Professor Bagley has the credentials, credibility, knowledge and, by her own experience, the sensitivity to deliver that message in a way that will appeal to your most sophisticated clients. Look at some of the editorial reviews of her recent book, Winning Legally: How Managers Can Use the Law to Create Value, Marshal Resources, and Manage Risk, which is directed to no less than aspiring CEO’s:
“Winning Legally, with its clear exposition of real-world problems and solutions, is a thought-provoking resource that can only improve the performance of lawyers and laypeople alike. My best business advice to aspiring CEOs is simple: Read this book!” James W. Kinnear, former CEO and Chair of Texaco, Inc. “Professor Bagley has done a masterful job of showing how managers can work with attorneys as partners to create value and manage risk. Armed with the knowledge in this book, managers will not only be far more likely to keep their firms out of trouble, but will also have at their disposal a set of tools to manage the firm more effectively. This is an important read for managers and the lawyers who advise them.” Larry Sonsini, Chairman of Wilson, Sonsini, Goodrich and Rosati “Bagley has successfully demonstrated the value of the managerial capability that she calls ‘legal astuteness.’ Instead of focusing only on how law constrains managers, Winning Legally’s systems approach to business regulation and the practice of strategic compliance management provides managers with a far more complete and promising way of managing the legal dimensions of business.” William E. Fruhan, Jr., George E. Bates Professor, Harvard Business School “Common sense alone is not enough to provide the ethical and legal guidelines necessary to conduct a business. Winning Legally provides the framework for maximizing profits in a manner that assures the long-term viability and growth of the corporation.” Arthur Rock, Principal, Arthur Rock & Co. “This timely book is required reading for every business manager and general counsel. Professor Bagley has provided a practical guide to harnessing corporate legal resources with sound business judgment to maximize shareholder value.” David R. Andrews, Senior Vice President for Government Affairs, General Counsel and Secretary of PepsiCo, Inc., retired, and director of Pacific Gas & Electric Corp. and Union Bank Corporation
Read this full Book Description by the publisher Harvard Business School Press for more of an insight on what Constance has offer: The rash of corporate scandals in recent years underscores a fact too often ignored in the business world: flouting the law holds serious consequences. Indeed, all it takes is one rogue trader, one greedy executive, or one misinformed manager to place an entire organization at risk. But respected legal expert Constance E. Bagley argues that staying out of trouble is only part of the picture when it comes to legality in business. In Winning Legally, Bagley shows how managers can proactively harness the power of the law to maximize corporate value, marshal human and financial resources, and manage risk. Through scores of classic and contemporary examples across the business landscape, this no-nonsense guide completely reframes the relationship of law to business. Bagley explains how managers can use the law as a strategic tool to help select and work effectively with legal advisers, spot legal issues before they become problems, weigh the legal risks of specific opportunities, and more. Ultimately, the responsibility for making tough business decisions lies with managers-;not with lawyers. This timely book shows how managers can combine business audacity and vision with integrity and respect for the law to build truly great and enduring firms.
Addressing Maine State Bar June 30th, 2006
Plenary Session, Friday June 30th, 2006 9 AM to 10 AM:
How to Get the Satisfaction You Deserve from Your Practice
Break Out Session, Friday June 30th, 2006 10:30 AM to 12 Noon:
How to Become a Client Magnet
You can download the brochure (pdf) at the Maine State Bar site. I look forward to seeing some old Maine friends and making some new ones.
Maine State Bar June 30th, 2006 Presentations
Survey Results – 58 Managing Partners from 100+ lawyer firms
“…a bridge to full partnership…”
My friend and Edge International colleague, Ed Wesemann, shares survey results via an article in today’s Law.Com Large Law Firm Section, called Most Tier Partners Still ‘On Path’ to Equity Status, Survey Finds He surveyed 58 managing partners of firms of more than 100 lawyers and found, at the median, five reasons for making lawyers tier partners. Find those five reasons and much more in the article.
For the tier partner, the pay and prestige are good, the pressure to bring in new business is less and there’s still the prospect of full partnership down the road. “If you’re being parked, you ain’t dead yet,” says Wesemann. “Wonderful things can happen to you.”
Subscribe to Ed Wesemann’s Blog, Creating Dominance
TAGLaw and TIAG Vancouver Meeting May 17, 2006
Private posting for members/particpants at Vancouver Meeting – you may now download my presentation. Conference organizers will be contacting you with password. (If you have not received password by the time you see this posting, kindly email me and I will remit it to you promptly. (Member/Participants Only) Many thanks for attending the session.



