seeing the positive side of negativity in the legal profession

In a very candid and provocative post, David Maister asks Are We Too Negative? This query stems from Maister’s observation that many blogs, including his own, focus on people’s flaws. Specifically, he notes:

“When you go visit other blogs, you see lots of criticism, complaints, cynicism and skepticism. You only see a very little praise and celebration of successes, triumphs and things done right. For every blog post or comment illustrating excellence, creativity, trustworthiness or professionalism, there are multiples bemoaning the lack of these things.”

The post has elicited a lengthy comment thread that’s well worth a read. What occurs to me after considering the commentary is that there’s really no point in being negative and self-flagellating about all this negativity. Rather, just calling it out is a positive step because it opens the door to a much-needed dialogue on what’s ailing the legal profession.

Like the larger culture, our profession is plagued by rampant pessimism that’s reinforced by heavy doses of bad news delivered daily by media outlets and firm leaders. Through my training and development work, I’ve come to see how this unhealthy diet of negativity has left many practitioners depleted and hungering for positive filling. They’re searching for some meaning at work and beyond.

This drive to redress negativity with an infusion of meaning and filling has deep roots. It’s the focus of famed psychiatrist Viktor Frankl’s Logotherapy, “which identifies the search for a meaning in life as the primary motivational force in human beings." It’s also addressed by the field of Positive Organizational Scholarship. And, at the law firm level, the need to avoid depletion and gain positive energy is reflected in the rise of employee engagement initiatives.

helping law firms recognize and harness the power of their people

One of the topics I really enjoy covering here and in my training + development programs (now offered under the moniker Legal Sanity Learning Programs) is employee engagement.

Firms coming to grips with the prevalent issues of lawyer attrition, retention, succession and leadership deficits are waking up to this important topic and taking steps to discern to what extent, if any, their employees experience a meaningful connection to the firm’s culture and values.

I recently discovered a blog called The Engaging Brand from UK-based consultant Anna Farmery. I toured its archives and discovered much practical guidance on improving “company performance through the engagement of people.”

Farmery captures some of the basics of employee engagement in a series of recent posts outlining 4 Steps to Engagement. The steps, taken in turn, are:

Farmery’s points are well made and she provides some excellent reference tools for law firms looking to create employee evangelists.

addendum to the conversation about women in the law

Since posting about women in the law yesterday, I ran across a FC Now blog post addressing How Working Mothers Find Work/Life balance. It poses this provocative question: “can a woman work hard enough to succeed in her career without coming across as a negligent mother?”

The post refers to a Novemebr 1, 2006 New York Times piece titled Working Mothers Find Some Peace on the Road. Among many other points of interest, that article offers the following observation: “as hard as it can be to balance the demands of business trips and family life, for the relatively small group of employed mothers who travel, it [solo business travel] can be delicious.”

woman in the law: are law firms engaging or ignoring the conversation?

A couple of weeks ago, I posted a roundup of sources addressing the legal profession’s gender gap. This post made for an interesting companion piece to my prior commentary on the feasibility of flex-time work in the law.

The more I speak with women lawyers participating in my Legal Sanity Learning Programs, the more convinced I am that firms are missing out on opportunities to listen to, engage and empower this vital population.

The cyber space is home to a vibrant and very candid conversation about the struggles and triumphs of women in the law and the larger workforce. What follows is just a sampling of the online dialogue that’s been generated in the short time since my last post on the subject. 

Over at Amazing Firms Amazing Practices, Gerry Riskin points to a recent survey (pdf) confirming that women are under-represented in the top tiers of our profession and play a less extensive role in law firm governance. The survey also found evidence of a compensation gap between female equity partners and their male counterparts. An article featured at law.com augments this discussion by sharing what several women lawyers had to say about the survey and its implications.

Lending a slightly different perspective to the topic is another law.com piece asserting that Women Hold the Keys to Their Success. It opens with this very upbeat assertion: “The keys to success are to create a supportive environment that allows time to focus on what has to be done and how it can be done best: to nurture relationships, build a team to support the endeavor and enjoy.” As the above survey connotes, however, the task of creating a truly “supportive environment” for women within a law firm culture may be a much more formidable challenge than this well-meaning article lets on.

Lawjobs.com also weighs in on the conversation with a very interesting article on law firm efforts to rehire alumni. A “dearth of minority and women attorneys in the upper echelon of big firms” is among the reasons cited for the rise in alumni programs aimed at “bringing back attorneys who leave for perceived greener pastures.”

Placing the subject in broader context is a csmonitor.com piece offering The truth behind women ‘opting out.' The coverage concerns two reports citing “a weak labor market and inflexible work policies as the main reasons women are staying home.” Some additional insight is provided by a CareerJournal.com article in which executive coaches offer tips on Grooming Women for the Top.

dealing with doughnut holes: difficult people in law firms

All of us in the law have dealt with difficult coworkers. The resulting drain on our personal energy stores can be immense. The deep holes that spates of difficult people punch in a law firm’s culture often go ignored and unfilled. In the wake of this inaction, firms lose lawyers, clients and business repute.

John Moore at Brand Autopsy sent me on a blog-a-thon of sorts with a clever post on this theme. Titled the The No Asshole Rule, the post refers to the soon-coming book by the same name in which author Robert Sutton discusses the business damage that difficult people wreak.

From Moore’s commentary, I headed over to Guy Kawasaki’s blog  for his great review of Sutton’s book. I then took in a May 2004 article by Sutton called Nasty People. From there, it was on to David Maister who adds his perspective on the subject by asking us all to consider times when we might have taken the plunge and acted like the proverbial hole in the doughnut.

This ride around the Web naturally ends right here at home. As I’ve mentioned before, I’m a regular contributor to an online help site called Office-Politics, which just underwent a sweet redesign. You’ll find lots of good information and insight there on navigating the toxic workplace.

the curmudgeonly law firm mentor

Here’s a quick note from the road (or the train, as it were) as I make my way to a give a program on advanced mediation skills at the Association for Conflict Resolution’s Sixth Annual Conference.

I just finished Jones Day partner Mark Herrmann’s very funny and quite practical guidebook for budding and seasoned lawyers alike: The Curmudgeon’s Guide to Practicing Law. I really enjoyed it and suggest that you grab a copy for yourself and the other lawyers in your life.

Monica Bay (who goes from e-mail to post at a rate of speed that would make any New York Yankees pitcher reel with jealousy) nicely captures my thoughts on Herrmann’s book in a mailbag roundup at her terrific blog, The Common Scold.

Check it out.

courting consumers in the new legal marketplace

There’s been an evolution in consumer ethos. There’s a new market culture that lawyers can no longer afford to opt out of. It’s been called by different names: the experience economy, the conceptual age, the creative age and the culture of meaning (among others).

But, the given name is largely irrelevant. It’s the market’s core message that matters to lawyers and other service professionals.

And that message has been beautifully captured by blogger Hugh MacLeod in his now-classic commentary, The Hughtrain. For those of us needing the quick-fix version, MacLeod gives voice to the new legal consumer in this memorable quote: “We are hungry. Meaning is the prey.”

I believe that their quest for meaning – in the form of feeling valued, valuable, important and visible – fuels a client’s decision to retain or relinquish a legal service provider. So, as lawyers wanting to meet our clients primary needs and build our book of business, we can’t ignore the power and pull of this quest. We need to be open to the two-way conversations and continuous connections that allow our clients to co-create their legal representation experiences. 

The essence of this approach is conveyed in a thoughtful Customer Experience Crossroads post in which Susan Abbott reflects on market trends driven by the desire of people to be the producers and creators of their own lives.

business lessons learned from conflict

Since launching this blog in 2004, I’ve visited and revisited the topic of conflict here a number of times. Although radiating from the same hub proposition – that it’s vital for lawyers to learn how to handle conflicts they regularly encounter as participants or neutral managers – each commentary offers a slightly different take on this important theme.

The conflict coverage at legal sanity to date includes:

Continuing the conversation on conflict are two posts from a new-to-me blog called Client Service Insights (CSI). Both posts consider the ripple effects of coworker conflicts. The first one makes the apt observation that “how we treat one another as employees in the workplace, whether it's in front of the client or not, can have a direct impact on our ability to deliver truly excellent service to our clients.”

The second post highlights the point that not all workplace conflicts are bad for business. “Good conflict” is the byproduct of people’s passion about something they’ve created. According to the piece, this kind of dialogue-infused dispute provides a “fantastic learning experience” that “almost always results in taking a team's collective thinking to the next level.”

In an interview at Mediate.com, conflict and communication skills trainer Judy Ringer weighs in with some practical tips for improving our ability to handle workplace conflcit. Professional service consultant David Maister also adds his voice to the chorus with a very thoughtful post on Repairing Fences. Maister recognizes that the ability to step back, pause and put things in perspective in the face of relationship discord is a very valuable, albeit often elusive, talent.

more on addressing the legal profession's gender gap

Some time back, I wrote about an ongoing cyber dialogue on gender gap issues in the law fueled by a New York Times article questioning Why Do So Few Women Reach the Top of Big Law Firms? That article featured the opinion and work of Lauren Stiller Rikleen, a law firm partner and author of the book Ending the Gauntlet: Removing Barriers to Women’s Success in the Law.

I recently met Rikleen when we presented programs at the same ALM conference. She was gracious enough to forward me a copy of her book and I just started reading it. Even at first blush, it’s fair to say that Rikleen offers fresh, thorough and well-written commentary on a subject that’s critical to the future of our profession.

If you want some additional insight into Rikleen’s research and findings, she’s interviewed and otherwise profiled in the Spring 2006 issue of the Women Lawyers Journal (pdf).

Providing some more food for thought on this front is a washingtonpost.com piece called Working Mom Top Fears. It conveys some telling information culled from a recent AFL-CIO Ask A Working Woman survey (pdf). The steps companies are taking to prevent or allay such fears are set out in a CareerJournal.com article on The Mommy Drain. Completing this roundup is lawyer Karen Asner’s incisive take on Creating Win-Win Flexible Work Arrangements.

weighing the fear factor in the practice of law

It’s common thought that fear is a primary motivator and deterrent of human action. It can spark our most basic fight-or-flight response or stop us dead in our tracks. It’s also become the go-to emotion for media outlets like the network news (which my kids affectionately call “the bad news”) and other television programs.

A great example of fear as a mainstay of our culture’s entertainment diet is the popular show Fear Factor. In each episode, contestants submit to fear (if not sheer terror) inducing stunts in order to advance in a competition for prize money. The show is engaging, first, because it’s hard to imagine why anyone would voluntarily submit to such torment and, second, because we all know what fear feels like and want to witness how other people confront – or run from - it. I suppose, viewed in their best light, shows like Fear Factor enable us to access this basic emotion and see it as a common denominator of human experience.

Taking this subject-matter to the business world, it’s also important to understand the fear factor in the practice of law. In most dispute scenarios and transactional matters, the parties experience fear to some degree. There’s fear of monetary or property loss. Fear of being denied rights and justice. Fear of being taking advantage of or disempowered. Fear of not being seen or heard. Then there’s the lawyers’ own fears concerning win, loss, monetary gain, reputation, recognition and billable hours. The list goes on and on. So, it’s fair and honest to say that fear is a big factor when it comes to the delivery and consumption of legal services.

Just acknowledging the role of fear in our professional lives is a productive step. Blogger Kathy Sierra of Creating Passionate Users takes this productivity a step or two further in a terrific post explaining just why - in business as in life - Reducing fear is the killer app. Recounting her experiences in a dental office and hospital setting, Sierra observes: “Our users [read clients] might be more afraid of us and our products than we think. And those who can reduce or eliminate that fear have a huge advantage. Not to mention a passionately loyal following.” So, as lawyers looking to optimize our business, we’d do well to consider how fear is factoring in to our clients' perception of their legal issues and their legal representation.

refueling ourselves for career sanity

Just a post-on-the-fly here as I make my way home to watch the New York Mets in playoff action. I’m a lifelong Mets fan and now I’m thrilled to share my passion with my kids. Our time watching the games and building our baseball card collection connects us in a meaningful way. It de-stresses me after my work day and recharges my personal energy stores. 

There’s much cyber commentary on recognizing and relieving workplace stressors. Ultimately, it’s up to each of us to find and walk our personal path to career sanity. But, we can all use a little helpful guidance along the way. 

For some telling empirical data on our society’s workforce, we can peruse the statistics dispensed in a csmonitor.com article called Backstory: Office hours by the numbers. This statistical overview pairs very well with a CareerJournal.com piece profiling the Top 14 Reasons We’re Stressed Out

Moving on to some preventive measures we can take to counter job stress and refuel; Carl Honore – an advocate for living well by slowing down – offers us a view into what some companies, towns and parents are doing In Praise of Slowness

And those of us who don’t equate de-stressing with slowing down can take heart and inspiration from a set of articles on people exploring work-life synergy through sport. I particularly enjoyed this look at women lawyers who take out their workplace frustrations in the roller derby rink.

robotic or robust: what kind of employees do law firms really want?

My 5-year-old son is a mega fan of the Transformers toys and television show. For all of you in the dark about these “robots in disguise,” you’ll find a nice overview here. These aren’t your standard-issue machines fighting the ultimate battle of good vs. evil. They’re “more than meets the eye” in many ways. Primarily, they stand out because they experience and project the full gamut of human emotions – they’re passionate and dedicated warriors who think and feel deeply. A fusion of the robust and robotic gives these characters their mass appeal.

Blogger Kathy Sierra of Creating Passionate Users picks up and runs with the robotic-robust theme in a post called Knocking the exuberance out of employees. In it, she questions why some companies pursue a mode of management that kills off employee energy and excitement (along with their “desire to learn, grow, adapt, innovate, and care") and breeds automatons.

Sierra comes up with a brilliant, 16-point list of reasons why many managers believe that “Robots Are the Best Employees.” I won’t reiterate the whole roster. But here’s a snapshot of its contents. Managers prefer robots because robots (as opposed to robust humans): “have no strongly-held opinions; have no passion, so they have nothing to "fight" for; are always willing to do whatever it takes (insane hours, etc.); never make the boss look bad (e.g. stupid, incompetent, clueless, etc.); and don't need ‘personal’ days ... because they don't have a personal life.”

Firms recognizing the dangers inherent in fostering mechanical employees can look to the wisdom that John Moore shares in a recent post on Aligning the Employee Experience with the Customer Experience. Drawing from his book, Tribal Knowledge, Moore states that “creating meaningful employee experiences revolves around making the company something employees can believe in.” He goes on to posit that the best companies (you can sub in law firms) “realize that happy, knowledgeable employees will usually translate into happy, knowledgeable customers.”

Those of us wishing to proactively avoid robotic employment will benefit from the guidance Jim Citrin  offers in an article compelling us to consider the fit of any job we apply for. Towards the end of the piece, Citirn identifies the underpinnings of job contentment as an “environment of trust, a person or people with whom you enjoy spending time, feeling at home in the workplace, [and] relationships that nourish you.”

join me tomorrow night for my podcast on XE Factor: Relationships for Business Success

I'm very pleased to announce that tomorrow, October 10, 2006, at 9:00 p.m. EST, I'm hosting a live interactive podcast on BlogTalkRadio.com. I'll be engaging a dialogue on a topic that's become a mainstay of my Training + Development programs for lawyers and other service professionals - XE Factor: Relationships for Business Success.

As I've discussed here before, the XE [Energy Exchange] Factor is a teaching model of human energy exchange I devised to help people better understand how a particular person, issue, interaction or job impacts them on an energetic level. I believe that much of the work-related conflict, stress and discontent we experience stems from our inability to gauge, protect and renew our personal energy stores.

You can read more of my archived posts on the XE Factor here; here; and here.

I look forward to sharing some ideas and conversation with you on this important topic during my pocast tomorrow night.

acknowledgement and apology: two powerful business tools for lawyers

Sometimes you run across a written piece that makes a point so simply and elegantly that there’s not much to add. And so I offer you Lisa Haneberg’s recent post on The Awesome Power of Thanks.

Haneberg opens with this apt observation: “Few of us feel truly appreciated. During those moments we do feel valued, it feels great - like a mental high.” She then encourages us to dig down deep and foster connection by genuinely acknowledging the good deeds and intentions of our co-workers and clients. As Haneberg instructs: “When someone is amazing (we are all amazing at sometime), let's let him or her know. You are amazing” (or some similar accolade like “you rock;” “you’re outstanding;” “you blow my mind”). Just saying those kinds of words – letting them roll off the tongue and into the air – makes me feel good. It’s filling, uplifting and energizing. It lifts us in part because it’s what we want and need for ourselves. In giving kudos freely to others, we naturally absorb some, too.

Acknowledgement’s companion in the lawyering toolkit is apology. It’s a subject I’ve touched on here before.

Now, in an insightful post titled Nobody’s Perfect, blogger Spike Jones considers apology’s business value. Recognizing that firms often concoct a series of lame excuses in lieu of taking responsibility for their client service missteps, Jones issues this wake up call: “People don’t want to hear your excuses. They want an apology. When you apologize, there’s an opportunity for forgiveness. When we expose our imperfections, we allow people to get closer to us.” The resulting authentic, organic communication and conversation is the heart and hub of healthy lawyer-client relationships.

(some more) on passion, inspiration and motivation in the law

In my house, you’ll often here the rousing cry “Go Blue” on a football Saturday. Yup, although my wife threw away my beloved plastic Wolverine helmet years ago, I’m still a faithful fan of the Maize and Blue. So, it’s not surprising that my attention was grabbed by Debbie Weil’s terrific blog post connecting word-of-mouth marketing (WOMM) and passionate UM sports fans.

Titled Michigan vs. Wisconsin: rock concert meets WOMM, the post relates Weil’s experience of a recent Big House contest attended by a “record 111,000-plus fans.” Marveling at the call to action that inspired the fans to all wear the same, newly issued shirt; perform well-choreographed waves; and cheer, chant and groan in unison, Weil ends with this great marketing query:

Now how do you get 111,000-plus people together and create that same kind of energy, enthusiasm, and cooperation (there was no pushing or shoving) for your own cause? How do you harness the kind of passion Michigan Wolverine fans exhibit? To persuade and inform whether it's a political campaign or a new product?”

I’ve previously discussed my views on creating passionate legal service providers and consumers. As with the Big House fanfare, this kind of passion arises organically from the larger cultural milieu. It’s not the byproduct of some directive from on high stating “now get out there and act passionate, people.”

Some additional insight into the organic nature of passion, inspiration and motivation is offered by Kathy Sierra in a post called Motivating others: why "it's good for you" doesn't work . She points to studies and other support for the proposition that joy, fun and meaning are much more powerful motivators than fear (including the oft-cited fear of death).

words v. action: getting unstuck in the practice of law

About a year ago, I took a business and personal empowerment course that - among other significant lessons – taught me how to take action in the face of uncertainty, fear and negativity. One of the course mottos that I’ve embraced as my own is “ready, fire, aim.” It’s my reminder that the changes I seek in my business only happen when I stop pondering and talking about them, and start acting on my ideas and intuition.

The notion that action speaks louder than words is embedded in a thoughtful post by Thom Singer  called Thinking Too Much ??? In it, he recounts how one lawyer he knew invested so much time and energy in weighing the details of a marketing plan that “he spent no time doing.” A similar cautionary message runs through a lawfirmblogging.com post titled Don’t Argue Over Where To Put The Unicorns. It relates what happens when we become so fixated on the possible results and implications of a project that – “dwelling on what could possibly, remotely, maybe, potentially happen” – we become frozen in our tracks.

Considering the same subject from a slightly different angle is a Brains on Fire post about Control Issues. Although many business people crave control and believe they have it, the post notes, control is just an illusion. An illusion and obsession that keeps us from seizing opportunities for real business progress. To lift this veil and embrace reality, we’re given this no-nonsense instruction: “quit thinking about it. Talking about it. Having meetings about meetings about. Or pretending to do it when you aren’t acutally [sic] doing it. Just freakin’ do it.”

For many lawyers, the task of getting unstuck and taking action is easier to accomplish with the help of a mentor or other trusted advisor. This is a point I covered in a recent post on positive law firm leadership. You’ll find David Maister’s recap of, and commentary on, that post among others he’s culled for a very insightful Blawg Review #76.

the next wave of legal sanity

I'm very pleased to announce that my wife and blog production partner, Lori Herz, is launching a freelance business writing venture – LH Wordsmith.

Her goal is to evolve the legal sanity brand and mission she co-created by helping lawyers and other professional service providers produce clear, concise and powerful written work.

Lori has played a major role in legal sanity’s day-to-day operations since its inception in 2004. She’s overseen the blog’s physical and content design and taken the lead on researching and drafting its posts. Her role at legal sanity complements, and draws support from, the extensive business experience she gained through a federal clerkship, criminal and civil appellate practice and work in nonprofit governance.

The writing at legal sanity reflects Lori’s ability to clearly and succinctly organize, synthesize and communicate ideas and information from diverse sources. Largely as a result of this ability and her passion for her work, legal sanity has developed a wide audience and online visibility that’s grown with its recent inclusion in the law.com network’s Legal Blog Watch

With her work at legal sanity, Lori has cultivated in-depth knowledge of today’s professional service marketplace. She closely follows important trends in the law and other service industries and understands the enormous business value of adept educational-promotional writing.

Marrying her business experience, knowledge and wordsmith skills, Lori has written articles for legal trade publications. She’s also created content and collateral materials for legal industry training and development programs. Topics covered by Lori include: business development; career contentment; client relations; communication skills; employee engagement; leadership; marketing trends; and work-life synergy. 

Lori imports this depth of marketplace knowledge and writing experience into her offerings at LH Wordsmith. In her new role, she’ll help busy service providers stand out in the competitive marketplace by producing high-quality written work that showcases their expertise; engages and educates their business prospects, clients and employees; builds their reputation and visibility; and fosters success, satisfaction and sanity in their work life and beyond.

If you would like to learn more about Lori’s business writing services, you can contact her at lori@loriherz.com or (516) 655-6955. Her business Web site will launch soon. In the interim, you can sample her written work at legal sanity’s main page and via its sidebar menus.

reflecting on our work in the law

It’s been a hectic but rewarding few weeks in the office. The matter I’ve been working on has given me ample opportunity to consider and do what I most enjoy in my legal practice. It’s great to have the chance to reflect on why we do what we do. So, I was glad to come across a few articles that team to provide some nice fodder for those reflective times.

The first of the trio is a commentary piece by Jenner & Block lawyer Gregory Gallopoulos. Asking Why Do We Work?, Gallopoulos responds that lawyers do indeed work for money, but we also work for “sanity.” And that sanity derives from compensation in “psychic gratification.” These gratifiers take different forms, but Gallopoulos identifies several of them. They are: ongoing opportunities for intellectual growth; autonomy of professional judgment; celebrating a “superlative work product;” and supporting public service efforts.

The next article, sub-titled An Essay on Money and Happiness, questions What Is Success, Anyway? About midway through, it states: “No matter how fancy the title or how big the paycheck, we soon learn that it isn't worth joining an organization full of jerks, morons or crooks.” The piece also recognizes that our career desires and definition of success change as we age. In midlife, we tend to place more importance on “intangibles like autonomy and personal expression” as well as “freedom and fulfillment.” Yet, in some professions – and the law is cited among them – honoring that call for fulfillment comes at a very real price since “the highest-paying opportunities are likely to gouge deepest into people's hopes of enjoying a balanced life.”

Rounding out the triad of reflections on this topic is a blog post called Who Really Matters? penned by Thom Singer of Some Assembly Required. In it, Singer shares a little self-test based on the wisdom of famed cartoonist Charles M. Schulz. The exercise brings home the very important point that the “people who make a difference in your life are not the ones with the most credentials, the most money, or the most awards. They are the ones that care.”

the importance of positive law firm leadership

Earlier on, I wrote a series of posts on positive psychology  - the scientific study of human happiness – and the related field of Positive Organizational Scholarship (pdf) - a branch of the organizational sciences focusing on “the dynamics in organizations that lead to the development of human strength, foster vitality and flourishing in employees, make possible resilience and restoration, and cultivate extraordinary individual and organizational performance.”

This topic duo has kept my attention over time and I often question how law firms might employ some of the relevant field work in redressing employee disengagement, discontent and depletion. As it’s done before, Harvard’s Working Knowledge forum again sheds some significant light on this question. In an article called The Power of Ordinary Practices, researchers share the results of a recent study on the ways business leaders “can influence the motivation, creativity, and performance” of the “knowledge workers who are carrying out the [day-to-day] work of the organization.”

According to the piece, a key discovery the researchers made is that workers’ performance is tied to their “emotions, motivations, and perceptions about their work environment.” These feelings, in turn, are “powerfully influenced by particular daily events” on the job. Positive feelings generated in the workplace lead to “more flexible, fluent, and original thinking” that “can carryover, [via] an incubation effect, to the next day.”

Because of their regular interactions with the knowledge worker population, leaders are the linchpins for generating or squelching the positive sentiments underlying employee happiness and productivity. So, the researchers advise, leaders need to understand how “ordinary, trivial, mundane” things they do in the regular course of business “can have an enormous impact” on an employee’s daily experience and performance.

The article goes on to cite “five leader behaviors that have a positive influence on people's feelings.” Among these five positive reinforcers are: providing emotional support; giving positive feedback on their work; and publicly recognizing people for good performance.

meaningful marketing in the law

In previous posts on Working with Meaning and Lawyers in the Conceptual Age, I discussed a recurring theme in business and marketing forums these days: how can people infuse their work, product or service with meaning? The theme has a broad reach. I’ve seen it thread through expert commentary on creating meaningful customer experiences, employee engagement and work-life synergy, among other topics.

I recently came across another interesting take on this theme in a Brains on Fire blog post called Marketing that’s Meaningful. Highlighting winds of change in the marketing and advertising worlds, the post notes that people today are looking “to be a part of something bigger than themselves.” So, when trying to connect with consumers or clients, service providers need to shift their perspective and strive to make their company meaningful. And, according to the post, forging this kind of consumer-meaning nexus is all “about empowerment. Ownership. Starting a real, honest conversation. Making friends instead of customers. And making your company or product relevant.”

David Maister and co-author Lois Kelly also pick up on this theme in a Law Practice Today article titled Marketing is a Conversation. Maister suggests that it’s high time “we stopped thinking of marketing as a one-way propaganda campaign.” Instead, marketing is best viewed as a conversation in which we openly invite our business prospects or clients to share their “ideas, beliefs and perspectives” with us person-to-person. In terms of existing clients, Maister doesn’t see this as a one-shot proposition. Rather, there needs to be an ongoing exchange that compels clients to regularly share their core “concerns, issues and needs.” Maister notes, however, that this person-to-person dialoguing doesn’t have to be face-to-face. It can be promoted and nurtured through company-sponsored online client communities, interactive Web sites and blogs.

Meaningfully connecting to clients in these ways helps businesses stand apart from the competition; competition that blogger John Jantsch attributes to a marketplace tendency to see all businesses as indistinguishable commodity providers. In a thoughtful post from Duct Tape Marketing called The Business You Are Really In, Jantsch asks us to step out of the commodity-provider mindset and reclassify our business offerings in terms of four key values: “information, community building, experience and transformation” – values all driven by our clients’ and employees’ hunger for meaning in their lives.

making the money-happiness connection in the law

The latest issue of my alma mater’s quarterly magazine, Michigan Alumnus, provides some interesting commentary on a topic I've covered here a few times before: happiness. Giving the graduation 2006 highlights, one piece recounts how commencement speaker Christiane Amanpour - the respected journalist and correspondent – advised graduates to “find something that sets you on fire, that gives you passion and joy, something that you love and believe in so much that it makes you want to work all day and all night, something that will make you willing to sacrifice, something that instills in you a deep sense of commitment and a sense of mission.”

Another of the magazine’s articles briefly discusses a recent study examining people’s ability to remember or predict happiness over their lifespan. The study showed that young and older people alike believe that “young people are happier than older people, when in fact research has shown the opposite.” Fuller coverage of the study can be found in a press release leading with the familiar lyrical line Hope I die Before I Get Old.

Our ability to predict and find what makes us happy is also explored in a new group of CareerJournal.com articles. The one that really grabbed my attention comes from blogger and former lawyer Gretchen Rubin. Considering the money-happiness connection, Rubin proposes that, when spent the right way, money does help buy happiness. And what’s the right kind of spending? According to Rubin, people should spend on things “that promote the components of happiness. The hedonic treadmill means that loading up on stuff, though gratifying for a moment, isn't a lasting source of happiness. Instead, spend money on your relationships, your health, and your experiences.”

If you want to read more on the subject, Fast Company's blog offers a happiness self-assessment tool for those of us who look at our legal careers and larger lives as an "If only _____, then I'd be happy” proposition. According to the piece, this is a misguided way of pursuing happiness because it takes us out of the present moment. With this point in mind, we're advised that, “if we want to be happy, we must come to grips with an important fact. That we've been fooling ourselves. Contentment, it turns out, is not a destination. Rather, it's a manner of traveling. And if we can't feel it today, we won't find it tomorrow.”

tools for restoring our energy

To commemorate the events of Sept. 11th, this morning at 8:45am, I shut my office door, closed my eyes and placed my hands on my heart for a few minutes. The resulting positive shift in my energy state, thoughts and emotions was palpable and profound.

This simple act, which I've repeated a few times, has enabled me to stay focused and connected to others throughout the day. It’s also given me some much-needed insight into how I can gain perspective and rebuild my energy stores when they’re depleted by the stresses and uncertainties of work and life.

Because it’s so simple and portable, I’m adding this exercise to the set of tools I use to help myself and others better understand how the XE Factor – the dynamic of human energy depletion, generation and management – plays out in our professional and personal lives.

Please feel free to give the exercise a try and share your experiences with me.

client experience management

A couple of months ago, I discussed an emergent business trend called Customer Experience Management (CEM). Evolving in tandem with the new experience economy, the CEM model considers a customer’s relationship with a product or service from the vantage point of the user experience. It asks providers to glean how customers’ lives are enhanced or depleted as a result of consuming their goods or services.

Another way to look at CEM is through the lens of storytelling. People often translate their consumer experiences into stories they readily share with others. A great example of this comes by way of a recent Fast Company article in which some “customer service champions” convey their own “stellar customer experiences.” Here, Chick-fil-A President Dan Cathy describes his monthly outings to a local junk store where the proprietor understands that his customers thrill at hunting for buried treasure. There’s also the anecdote about exceptional book store service relayed by Build-A-Bear Workshop founder Maxine Clark. In sharing her story, Clark refers to something she calls the “Cheers facor." She says, “People don't have to know your name, but there has to be that connection and recognition of your value as a customer and a person.”

These stories on peak customer experience reminded me of the importance of creating passionate legal consumers – or client evangelists. But, as Patrick Lamb underscores in a thoughtful post from In Search Of Perfect Client Service, many lawyers and law firms seem to lack the connection to, and recognition of, their consumers that’s prerequisite to fostering such an evangelical clientele.

Those of us interested in turning our clients into raving fans should check out the ongoing series of posts on the subject offered by Jim Hassett of the Legal Business Development blog.

is life in the law half full or half empty?

A New York Times editorial on The Rise of Pessimism in our country caught my attention because it echoes much of the statistics and understanding lawyer life coach Ellen Ostrow shares in an informative and comprehensive interview she gives in The Complete Lawyer (hat tip to Stephanie West Allen of idealawg).

Addressing whether lawyers are healthy, Ostrow cites study findings that “the most successful law students were the most pessimistic. And it’s the most successful law students who are going into the big firms.” She goes on to link profession-wide pessimism to “depression, poorer health and shorter lifespan.” On the flip side, Ostrow contends that lawyers can counter their pessimistic tendencies, and the related side effects, through learned optimism.

This education ideally takes place on both the individual and institutional levels. We can up optimism for ourselves by carving out some “sacred time” each day to “maintain strong, supportive relationships with others, do work that engages [our] strengths and has significance beyond [our] income." Law firms can also counter pessimism in their midst through employee engagement initiatives that “give lawyers the greatest possible latitude to decide how, where & when work gets done.”

Also instructive on this last point is a Gallup Management Journal piece on The Impact of Positive Leadership [flagged at The Practice of Leadership blog]. It discusses the influence of "positive-to-negative interaction ratios (PNR) in our work [ ] life.” Research has found that “work teams with a PNR greater than 3:1 were significantly more productive than workgroups that did not reach this ratio.” The article goes on to highlight what leaders can do to raise workplace PNR through an infusion of positive emotions.

To jumpstart our focus on the bright side of life in the law, blogger Stephanie West Allen and consultant Don Hutcheson of the Complete Lawyer have teamed to survey our views on What’s Right About The Profession Of Law?

putting ourselves into our work

I spent the weekend with my extended family celebrating my brother Steven’s wedding. I had the great honor of being the rehearsal dinner’s master of ceremonies as person after person stood up to share an anecdote or two about Steven as a man, successful entrepreneur and imminent husband to a fantastic, strong, funny and very patient and giving woman.

Steven is a special guy and one of the common threads weaving through the toasts in his honor was the recognition of his extraordinary ability to befriend, relate to and interconnect people he’s met throughout his life. His social intelligence is simply outstanding and he brings this aptitude to his work at the broadcasting and marketing representation firm he founded in 1996. By all accounts, the empathy, genuine interest and humor Steven infuses into his leadership have cultivated a true sense of community and family within his firm that naturally extends out to his many clients.

So, for Steven, work in the world has really become a reflection of who is in his larger life. There’s none of the misfit or dissonance between self and career that throws so many people into a tailspin. It was very inspiring to see, hear and otherwise experience just how much has come from his efforts to put himself wholly into his career.

innovation and collaboration in the law

Bruce MacEwen of Adam Smith, Esq. recently announced the publication of InnoVaction (pdf), the College of Law Practice Management’s new e-zine covering innovation in the practice of law. Among the noted and notable contributors are MacEwen himself and Gerry Riskin of Amazing Firms Amazing Practices.

I’m about midway through the magazine and it’s terrific. It approaches the subject of innovation from a variety of perspectives and, in doing so, demonstrates the power of collaborative thought and action.

As Riskin points out in a recent post, the collaboration on this important topic continues in a new blog, Blank Sheet of Paper And a box of crayons. The blog is the work of Merrilyn Astin Tarlton, the editor-in-chief of the ABA’s Law Practice magazine.

Collaboration is something that fortifies any effort to compel positive change in the legal profession. A few weeks ago, I was fortunate enough to experience this kind of collaborative power when Riskin and MacEwen volunteered their time and energy to help me test run my new training and development program on the XE Factor.

The input and diverse ideas they offered during our day together have proven invaluable and the program - as it’s since evolved – reflects the boons of our very constructive collaboration.

taking stock of community and connection now and in the future

I’m back from my travels and gearing up for a return to my regular blogging schedule. It was a great two weeks. I saw many historical sites I’ve wanted to visit for some time. I also had the chance to spend time with my extended family and reflect on different aspects of my life to date.

As I wound my way back through New York, I stopped at the Chautauqua Institution for an overnight with my cousins. Chautauqua is a very special community where people gather to take in the arts, learn and discuss important issues of the day in a beautiful, natural setting. Families and individuals return year after year to find “intellectual and spiritual growth and renewal.” Through the unique activities and environment it offers, Chautauqua fosters great inter-generational dialogue and understanding.

Having just been steeped in this generational exchange, I was happy to come across a recent Fast Company article touching on the topic. Titled The Future’s So Bright…, the piece captures a conversation between John Seely Brown, former chief scientist at Xerox Corporation, and high school senior Shannon O’Brien.

At the outset, Brown refers to the innovation explosion happening today and shares his “belief that we will see a new form of education emerge--not one based on being taught but one more oriented to passion-based learning within niche communities of interest.” With this new type of community-based learning, he sees the “rise of the pro-amateur class--serious explorations and creations we do for the love of doing it.”

Responding to Brown, O’Brien passes along the teenager’s perspective that “the future is a giant leap into the hopeful unknown.” Acknowledging the innovation and technological advances Brown cites, she observes that they can have the detrimental side effect of keeping people from “communicating and bonding like they used to.” She hopes that “the people of the world” will take note of this fissure and “learn to find balance between the real world of people and relationships and the cyber world, [that can be] time consuming and overpowering.”

risk-taking in business and life

Executive coach Doug Sundheim has written a great post for FC Now on the Gift of Risk. In it, he relates how his coaching work has lead him to conclude that people feel “most alive” at times when they’ve “pushed themselves out of their comfort zone” and taken risks. And he’s found this to be the case regardless of the outcome of the risk-taking opportunities. Based on his conclusion, he offers this bit of wisdom: “The gift of risk-taking doesn't lie in what you achieve by risking - it lies in who you become as a result of the process. Confident. Engaged. Alive.”

Sundheim’s obeservations very much resonate for me. A couple of days ago, my vacation travels took me back to my college alma mater, the University of Michigan. When I left home for UM, it was a big leap outside the comfort zone I experienced as a sheltered suburban New York kid. But, the next four years proved to be some of the most engaging and energizing of my life. Walking the campus this week, I reconnected with the feelings of freedom, growth, learning, fun and higher purpose that I so often felt during college. Although I went to UM in the year 5 BCCE (Before Computers, Cell Phones and Emails), it seemed like I’d never left; that no time had passed since I was a student there.

Those of you who went to UM will appreciate my journey up and down South University, through the diag (stepped on the block M), to the graduate library reading room, up to the Michigan League, Bell Tower, Rackham’s grand reading room, down to State Street passing by Angel Hall, into the Michigan Union, to the Law School Quad, then to Ulrich’s. Of course, I went to the Big House and, even though it was empty, I could feel the palpable energy of 110,000 enthusiastic fans on football Saturday. I ventured to North Campus and to the Gerald Ford Presidential Library. Afterwards, I had a great dinner at Zingerman’s. The next morning, I took in Angelo’s for breakfast and then went to the incomparable arb for an amazing one-hour walk to the river, prairie, woods, open spaces and beyond.

By embracing that first opportunity UM afforded me to move outside my zone of safety, I opened myself to the many business and personal ventures that have since taught me to appreciate the gift of risk.

finding personal fulfillment in the work we do

At his blog, Dan Pink points us to a synopsis of a Gallup Panel poll finding that “American workers most often say they like that their jobs offer them a sense of fulfillment, provide opportunities to help people, and give them autonomy in how they accomplish their tasks.” It’s notable that personal fulfillment and altruism rank at the top of the favored job attributes. I think that many of us left law school firmly believing that we would experience both as part and parcel of life in the law.

On the road this week, I’ve thought a lot about the ways fulfillment and helping others have featured in my own career and in our country’s history. Thus far, among other places, my travels have taken me to the National Constitution Center; the Supreme Court building; Arlington National Cemetery; and to the site of Flight 93’s crash on 9/11.

This last location was particularly significant for me since my good friend, Alan Beaven, was one of Flight 93’s heroic passengers. As I’ve set out on this blog’s dedication page, Alan was a very talented environmental lawyer who saw the law’s great potential as a healing profession. He inspired me to the same vision of my profession and it’s that inspiration that continually motivates me to help others and find personal fulfillment through my work.

creating a mythology of service in the law

A couple of months ago, I wrote about the nexus between leading and serving in the law. Contemplating “how many law firm leaders and managers think that – and act like - they’re in the business of serving the attorneys they lead and manage,” I concluded that, to “really embrace the role of a servant, they would also have to embrace the kind of business intimacy that lawyers typically eschew.”

Addressing a related topic in a recent post titled You Gotta Serve Someone, David Maister stresses the importance of cultivating a server mentality when you work for a customer or client. Noting that human beings “look for relationships, even in minor transactions,” Maister observes that the “more you focus on serving others, the more they want to be with you and give you what you want.” In a post expanding on Maister’s insights, Michelle Golden of Golden Practices notes that “service types” are often the “real stars in firms.” They’re carried to the top, in her estimation, by a potent fusion of “great attitude” and skill.

From the above commentary, it seems that law firms would be wise to consider how serving others - clients, client prospects and their own lawyers – factors into their firm culture and business philosophy. To help them along, Dick Richards of Come Gather Round shares an article he wrote on Creating A Mythology Of Customer Service.

Richards posits that, in addition to the “physical, mental, emotional and spiritual;” there’s a fifth dimension of human energy that leaders looking to optimize customer service must understand and harness. It’s the dimension that poet Robert Bly calls mythic energy. As Richards interprets it, we might “better understand customer service by examining myths about people serving other people.” Unfortunately, he continues, our culture’s “mythologies do contain tales about serving a country or god, but not serving one another.”

Given this dearth of mythic reference points about “service to others,” Richards suggests that business leaders “practice the art of leadership by creating” them. They can accomplish this by: (1) culling and sharing stories of extraordinary service from “their organization’s past and present;” and (2) encouraging employees to engage in dialogue about exceptional customer service they’ve received.

distress and change in the legal profession

Dick Richards of Come Gather Round has a great set of posts on the nexus between distress and change. In the initial commentary, Richards writes that distress is a prerequisite to any change in our lives. So, he concludes, “if you manage others and they need to change, don’t shield them from distress. If friends or family members need to change, don’t shield them from distress.”

In a follow-up post, Richards tells us how his theory played out for one minor league catcher with major league dreams. When an interested big league team passed on him, the player asked the team’s General Manager why he lost out. Instead of shielding him from the harsh reality, the manager explained exactly why the man would never be a major leaguer. Although this was an incredible blow, the man was later grateful for the opportunity it afforded him to change course and move on to a successful career in business.

Like Richards, I’ve always believed that some of the most positive changes we make in our lives derive from difficult times and situations that cause us pain, anxiety and uncertainty. This is actually good news for the legal profession, which is suffering from the collective distress and discontent of many lawyers. We seem to be reaching that critical point in this ailing business trajectory when resistance to change is ebbing and firms and professional associations are looking for ways to optimize our lives in the law.

In my Web wanderings today, I saw that Rob Millard of The Adventure of Strategy blog has also picked up on Richards’ post, applying its core message to the change process in professional service firms. In giving his take on the subject, Millard states that “an appropriate degree of distress is a critical ingredient for overcoming resistance to change.” He also sets out a very handy formula to back his position.

renewing energy depleted by the lawyer life

I’m preparing to embark on an extended business-pleasure trip that will take me to Philadelphia; Washington, D.C.; Gettysburg; Pittsburgh; Cincinnati; Springfield; Chicago; Ann Arbor; and Cleveland. It will be a time for me to refresh and enjoy new sites and experiences. It will also afford me some space and opportunity to hone the latest addition to my Training + Development curriculum - the XE Factor.

My trip is just one in a series of steps I've taken in recent years to augment fulfillment and eliminate depletion in my professional and personal life. The concepts of fulfillment and depletion play out in real time via my energy states. Something's fulfilling to me when it literally fills me up with positive energy. Something's depleting when it leaves me drained, stressed, stifled or angry. The key has been learning to recognize my personal depletion zone and how I can move myself out of it.

It’s been a pretty big learning curve. I initially resisted acknowledging the depletion I experienced in – and beyond – the law. Even when all the signs evinced that I was running on empty, I pushed myself to work harder and do more for my clients and others. Once I became acquainted with the signs and symptoms of my depletion, I still had to do some trial and error to figure out how to reclaim my energy stores. Now, when I find myself energetically depleted at work, I know that there’s remedial power in an uplifting change of pace like a quick nature walk or bike ride; playing with my kids; watching a good ball game; or going on vacation.

I’ve previously noted the connection between taking time off and personal energy renewal. The topic is addressed from a slightly broader perspective in a CareerJounal.com article addressing how Sabbaticals Can Offer Dividends for Employers.

The piece focuses on company-sponsored sabbaticals that allow employees to work with nonprofit groups. The sponsoring businesses see sabbatical assignments (also called community engagement programs) as means of recruiting and retaining top talent. They’re also recognized as conduits for leadership bu