adding creativity to the lawyer toolkit

Regular readers here know that I’m a big fan of author/right-brain-champion Daniel Pink and his take on our new Conceptual Economy that places a premium on creativity in business.

Lawyers aren’t known for being a creative lot. This is evidenced by the enduring nature of the billable hour over alternative fee structures, among other business practices. Some will undoubtedly say: “You can’t change our stripes. Creativity is best left to other professions.” But, I think this is a copout. There’s a wealth of creativity to be tapped in our ranks if we can just find the right inspiration and outlets.

On the inspiration side, you can take a look at a great series of Fast Company posts on the business of creativity, including one featuring the 10 Most Creative People in Sports and one on the Top 10 Most Creative People in Health Care. Imagine what a post on the Top 10 Most Creative People in the Law would include.

On the outlet side, maybe it’s about taking baby steps to tapping and expressing our creativity. Marketing is one area that’s creativity-friendly. Lawyers are already venturing into this creative realm via LinkedIn; Twitter and Facebook.

For more on the marketing front, there’s a great new book from legal marketing expert Paula Black titled: The Little Black Book: A Lawyer’s Guide to Creating a Marketing Habit in 21 Days. If you purchase the book in the next 48 hours, you’ll also receive The Smart Lawyer’s Toolkit, a compilation of advice from more than 30 sought-after experts in the legal arena (including yours truly). My advice comes by way of an interview I did with Gerry Riskin, author of The Successful Lawyer, about the challenges facing attorneys in today's economy. You can learn more about Paula’s book and complementary toolkit here.

Can Lawyers Pursue Happiness?

Lately, when I’ve been out and about for business and socially, I’ve noticed that conversations often turn to the topic of happiness – what true happiness is; what makes us happy; what makes us unhappy (and variations on these themes). The topic also seems to be winding its way through the commercial space, where you’ll find sentimental/upbeat ads like this one from Allsate and this from Target. I suppose this all makes a lot of sense. When we’re challenged in our lives – physically, emotionally, financially, spiritually – we start asking the “big questions” about meaning and fulfillment.

In its first incarnation, this blog focused quite a bit on the malaise plaguing the legal profession and people who inhabit it. As part of my investigation into the problem and search for solutions, I read and commented on the rocky road to lawyer happiness. In one of the more recent posts on the subject, I mentioned the important work attorney Daniel Lukasik is doing through his website, Lawyers with Depression.

Part of decoding happiness in any given population is getting an honest accounting of what might put that milestone out of reach. Daniel offers us that candid insight via his website and new companion blog. You can gain additional insight from lawyer Timothy A. Tosta’s article on Overcoming Stickiness, this post on lawyer burnout and this article offering help for attorneys in crisis.

 

lawyering lessons from oscar the grouch

When she was little, my eldest daughter loved to watch Sesame Street. Sitting on the floor surrounded by stuffed versions of her favorite characters, she’d sing and comment away, all the while patiently waiting for the day when her age miraculously was the number of the day (it only happened a couple of times). It’s hard to believe that the show turned 40 this year. Many of its characters are truly ageless, like my personal favorite, Oscar the Grouch.

Cantankerous as can be, Oscar also has a some very endearing qualities, like the love and care he gives his pet worm, Slimey (BTW, if you haven’t heard/seen Tony Bennett sing Slimey to the Moon, you really must). Even as a toddler, my daughter could tell that Oscar has a good heart. He offers up a great lesson on seeing the whole of any person (or, monster) that we engage with as lawyers.

Echoing this lesson is a compelling post describing how one big firm associate very constructively dealt with an ornery senior partner. In my experience, the ability to look at a person in his or her entirety has a lot to do with empathy. As writer Katherine Bell posits, empathy is a not-so-soft skill that entails “an act of imagination in which you try to look at the world from the perspective of another person, a human being whose history and point of view are as complex as your own.” This kind of gestalt, or holistic, approach to relating is something that most lawyers could benefit from.

One organization dedicated to helping lawyers embrace this approach is the International Alliance of Holistic Lawyers (IAHL). This year, the IAHL is hosting its annual conference on June 11-14 in Chicago. The theme is: Voices of the “New” Lawyer: Finding and Expressing Your True Voice in Your Practice. The conference features a comprehensive, interdisciplinary training on collaborative family law practice. Near and dear to my heart, there’s also a dinner/tribute program honoring my friend, Steven Keeva, on the 10th anniversary of his groundbreaking book, Transforming Practices: Finding Joy and Satisfaction in Legal Life. You can register for the conference here.   

 

finding inspiration in the midst of uncertainty

A couple of months ago, I wrote a post around this question: What inspires you in the law and in life?

I’m very drawn to the topic, and exploration, of inspiration. In these uncertain times, discovering what inspires us can be both grounding and uplifting.

Over at her blog, Build a Solo Practice @ SPU, Susan Cartier Liebel tells us about the lifelong inspiration she’s gained from her mom’s aversion to the words “I Can’t." We can also find inspiration in great design and natural beauty.

Some times, when we’re feeling particularly challenged professionally or personally, inspiration comes in the form of another human being; a friend, colleague or total stranger who gives us a sense of hope or much-needed perspective on the possibility life holds. My mother recently sent me a video story about golf enthusiast D.J. Gregory.

Born with cerebral palsy, the 30-year-old, against all odds, walked every hole of every 2008 PGA tournament. In all, he traveled through 44 tournaments, 180 rounds, 3256 holes and over 900 miles on foot. I was so inspired by his story and believe you will be, too.  Watch the video. It's well worth the 12 minutes. 

 

on the path to better client care, love the people who don't love you

Chrysler has let me down big time. I know, you’re probably thinking, “take a number and get in line, it’s a long one.” The company’s financial woes are already old news. But, that’s not what this is about.

This about the 2008 minivan that my kids practically live in. The subject of multiple recalls, it’s currently without A/C due to a defective hose. Chrysler knows about the problem and admits responsibility under its warranty. But, according to my dealership, the company just can’t keep up with the vast demand for replacement hoses. So, it’s been a waiting game. And, by some twist of coincidence, it’s been unseasonably hot on and off here in NY. The sizzling metal and glass box breeds major kid (and parent) crankiness, even with all the windows down. The summer months stretch out ahead.

Although the dealer claims that we’re next on the list when a hose shipment comes in, Chrysler has done some serious damage to a once solid customer relationship.

I can’t help but wonder how Chrysler would respond if it were a fly on the virtual wall that I post this on. Maybe it could take some guidance from Spike at Brains on Fire and embrace the upset it’s generated by producing a faulty A/C system and, then, not fixing the problem promptly. Or, maybe it’s a matter of fessing up to its own vulnerabilities as a company or asking whether it’s easy to deal with as a service provider (article courtesy of my business associate, Adrian Miller).

I’m sure there’s some room for making amends or, at least, stemming the tide of defecting customers. Come on Chrysler, take a look at yourself and ask, “where’s the love?”

 

the legal sanity mentor: gerry riskin

In my last post, I noted that we’ve entered a new age of radical transparency in which businesses must be keenly aware of their consumer community (or, communities) and make it easy for community members to offer feedback and comments. For most law firms and lawyers, this requires a big shift towards understanding, valuing and heightening the client experience.

I recently spent some time talking to law firm consultant Gerry Riskin. A co-founder and principal of Edge International, Gerry is a widely recognized expert on managing professional service firms. He shares his views at his terrific blog, Amazing Firms, Amazing Practices, and via Twitter. I asked Gerry for his thougts on client experience management.

AH: How important is the client experience?

GR: It’s extremely critical and I base that on what people have reported to me about firms they’ve worked with. For instance, the general counsel of a huge financial institution hiring literally hundreds of law firms described his favorite firm this way: “When I get there, the receptionist greets me by name and offers a decent refreshment. There’s good, current reading material in the waiting area. The person who I’m there to see comes out promptly. But, even before that, other people come along and say hello to me while I'm sitting there.”

AH: So, his experience didn’t turn on the quality, quantity or price of the legal advice he received.

GR: Right. And let's be honest, if he was in Buenos Aires and needed immediate brain surgery and the one and only brain surgeon in Buenos Aires was a jerk, he would use that jerk brain surgeon because he had no choice. But, when it's anything that more than one person can provide of equal quality, it comes down to the experience. I think – and I will include myself here - all of us would like to think of ourselves as having expertise, as being special and particularly knowledgeable. We don't like to think we're easily replicable. But, the truth is in most respects we're not unique.

AH: So, given that most firms and lawyers are indistinguishable in terms of their expertise, client experience becomes a key differentiator?

GR: Yes. And I don’t base my theory on that one example. It’s a common theme. In fact, on a recent plane trip, I sat next to next to a billionaire who's on the board of many pharmaceutical companies. I asked him to tell me about the law firms he likes and doesn’t like. Anyway, the punch line is, here is a powerful, powerful, powerful man whose biggest complaint about a law firm is his reception area experience and what he perceives to be the arrogance of partners walking through without bidding him good day. And, I bet those partners who walked by without acknowledging him were completely unaware of what they were doing (or not doing).

AH: So do you have a couple of nuggets of advice on what it takes to create the optimal client experience?

GR: Well, at the highest level of abstraction, you need to have complete empathy. Ask, “If I were the consumer of this service, what would I want?” The challenge is that we get blind spots based on familiarity. So you need fresh eyes and the best source of fresh eyes is your clients. Ask them: “Of all the law firms you've ever been to, of all the lawyers you've ever worked with, what do you like best and what should be done differently?” That allows your clients to be very candid without attacking you or your firm. You can also transpose your own experiences. Lawyers use other services, lawyers get annoyed by bad service here or delighted by good service there. Take a moment and analyze what makes your experience good or bad. Then ask the next question: “Do we do any of that in our environment?” Last, but of course not least, is training. Knowing is not doing. But, people have a very hard time getting that. They think once they know about something, they’re doing it. It's like listening. My wife says I should listen to her better so I think, oh, okay, I know the concept of listening so I'll listen to her better. But, it's not until I practice it, maybe get trained in it, maybe understand the structure of listening that I really listen better. 

AH: Gerry, you’ve offered great insight into the client experience. Thanks so much for helping us cultivate legal sanity.

meditation program for lawyers (and others)

No. It’s not a typo. Although I practice both, this post is about meditation, not mediation

Meditation has been a regular part of my life for over 20 years. It’s helped me weather many a flurry personally and professionally. It’s also given me a mental focus and flexibility that makes me a better advocate for my clients. I’ve written a couple of articles on meditation basics. You’ll find other helpful insights in this Michigan Bar Journal article (pdf) and this piece from The New York Law Journal (featuring …… me).

If you’re in the NYC area this Sunday, May 17, 2009, I’m giving a meditation workshop with my good friend, Eileen Feinman at Yoga Life in Port Washington, NY. The venue is close to the LIRR train station and all major highways and there’s plenty of parking. Port Washington is a beautiful waterside town with lots of great restaurants and shopping. For more information, you can contact me or call Yoga Life at 516.767.9642.

law firms and lawyers: welcome to the age of radical transparency

I’ve been interested in psychologist Daniel Goleman’s work since reading his book on Emotional Intelligence years ago.

Along with thinkers like:

Dan Pink 

Hugh MacLeod 

Kathy Sierra 

Chris Brogan

Tim Sanders 

Pam Slim 

Goleman has inspired me to look at the legal profession through a broader social-cultural lens.

As a culture, we’re becoming more and more right-brained in orientation. We now place a premium on authenticity, emotion, creativity, meaning and honesty in our personal and professional interactions.

In a recent post for Harvard Business, Goleman writes that consumers are calling for a new kind of openness - a radical transparency thatconverts the chains that link every product and its multiple impacts — carbon footprints, chemicals of concern, treatment of workers and the like — into a force that counts in sales.”

To keep up with this demand, Goleman notes, businesses should engage their consumer community (in the law, this would be a firm’s clients, lawyers and non-legal staff) and make it easy for community members to offer feedback and comments. If they drop the ball on this front, big brother is ready to step up in the form of open mike watchdog sites like GetSatisfaction.com.

should law firms be in the hospitality business?

The other day, I passed by the Shake Shack in NYC’s Madison Square Park. The crowd was thick. But, as always, people seemed more than willing to wait it out for a delectable burger or frozen treat. As I watched the scene, I caught myself thinking, “Another amazing experience brought to you by Danny Meyer.”

A restaurateur of major note, Meyer has multiple long-lived, successful eateries in a city filled with very discerning palates. In a recent talk he gave at NYU Stern, he attributed his success, in part, to “enlightened hospitality” – a focus on how the delivery of a product or service makes its recipient feel. He said you have to make customers feel that you’re on their side.

Interestingly, he also noted that, when it comes to creating a hospitable business culture, you first have to extend hospitality to the people who work for you. Only after setting this foundation can you extend it to others - like your customers, suppliers and investors.

This idea of hospitality makes a lot of sense to me and I think it's very relevant to the law. I’ve always believed that a positive law firm culture roots in a positive employee (legal and non-legal) experience. So, law firms looking to build - or rebuild - their business environment would do well to take Meyer’s lead into the hospitality business.

For more on creating a positive consumer experience (lawyers, after all, are prime consumers of law firm culture), you can take a look at these posts and articles:

Triage Customer Service

How to Nurture Relationships with Your Gem Clients

Coddle and Keep Customers 

A Lesson from the Dentist

flu sanity

I named my blog Legal Sanity because I wanted to be a voice for sanity in an increasingly insane legal world. Although this post is off topic for the legal world, I am writing today as a voice for sanity in our world at large. I just received an automated voice mail from the Superintendent of Schools of where I live updating us on the measures the school is about to take should the Swine Flu strike here in Port Washington, New York. This message, and the emails and letters that followed, spurred me to write this post.

The swine flu panic is insane. Yes, it is a new disease that can kill people but there needs to be PERSPECTIVE because the over the top reactive responses from those in leadership positions will certainly cause more damage than the Swine Flu.  So now all after school activities in the State of Texas are cancelled for the remainder of the school year. How tragic! Tens of thousands of teenage kids without a healthy after school activity will be milling about with too much time on their hands. Will they not still commingle with their friends? Does the Swine Flu only hang out at the school track? How many of these kids will be passing the time drinking and getting into trouble? What will their parents do in managing the situation? Are we going to follow in the footsteps of the Mexican government and shut down the economy for a week? How many lives will be destroyed from the additional unemployment?  

30,000-40,000 people die each year in the USA alone from the flu. I don’t mean to sound callous, but this is life. There are a host of diseases and dangers that kill tens of thousands of people a day throughout the world. 

PANDEMIC. Such a scary word. What a media darling it is because it fuels fear and fear sells. The 1968 Hong Kong flu was the last pandemic. It killed one million people, a tragic number. But let’s get some perspective. Every year, on average, 1.2 million people die from traffic accidents, 2 million from AIDS, 8 million from cancer, 18 million from heart disease, 40 million from malaria. All these numbers are fast rising. The list of global killers far more powerful than the 1968 Hong Kong Flu goes on and on. If you want to cheer up your day, take some time reading through the World Health Organization website. I promise you, by the time you are done, you won’t be so worried about the Swine Flu.   

Bottom line is that life is dangerous and the possibility of death looms for us all in any moment. So should we box ourselves in germ free padded bomb shelters? Of course not. Why? Because the chance of dying today or tomorrow or the next day is fairly remote. For most of us, there is a 99.9% percent chance you’ll still be breathing and worrying a week, month and year from now. Of course we need to be vigilant and take reasonable measures to prevent getting sick. However, we need to relax, live our lives and not panic our kids. 

With all that is going on the world, it’s not nearly as challenging or dangerous as it was on March 4, 1933, in the height of the Great Depression and World War II. In his inaugural speech, FDR showed brilliant leadership in calming down a nation and a world by helping people move past their fear and paralysis when he so eloquently stated "We have nothing to fear, but fear itself." 

This advice is perfect for today. It’s critical that we not let our fear generate actions that cause us more harm than good.