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Posted by Arnie Herz on February 4, 2010
The other day, I was on the phone listening to a caller I didn’t know talk about a banking service I didn’t need.
As my mind wandered to my long todo list, I started losing patience and getting annoyed with the caller and the person who had made the introduction. I decided to cut the conversation short by thanking the caller and extending an invitation to a fundraiser I was hosting to support relief efforts in Haiti.
Suddenly, everything changed.
The caller, Jefferson Crowther, responded to the invitation by telling me about his life commitment to The Welles Remy Crowther Charitable Trust, which he formed in memory of his son, who was his “closest friend in the world.” For the next 30 minutes, I listened with rapt attention as Jefferson shared the story of Welles’ extraordinary heroism on September 11, 2001.
A 24-year-old equity trader, Welles was working at the World Trade Center as the horrific events of the day started to unfold. Instead of fleeing the building, he spent the last hour of his life saving others. As chronicled in the New York Times, his courageous acts were characteristic of a man dedicated to being the best person he could be and helping others do the same.
I’m sharing this with you for two reasons.
First, it’s just one more reminder of the importance of truly getting to know people. Because of my own busy-ness and impatience (among other not-so-good qualities), I had quickly sized up Jefferson as someone who was irrelevant to me and my work in the law. Of course, he proved to be an immense inspiration. But, beyond that, he helped me reconnect with myself as a human being and a lawyer who wants to serve people in meaningful ways.
Second, I’m sharing this because the Red Bandanna Skate, an annual hockey fundraiser held in Welles’ memory, is coming up on March 20, 2010. It runs from 5-7 pm at Sport-O-Rama Ice Rinks in Monsey, NY. Proceeds from this event go to wonderful causes. Your contributions will mean a lot to Jefferson and the many people who will benefit from your generosity.
Posted by Arnie Herz on December 19, 2009
The other day, I attended my son’s holiday celebration in his third-grade classroom. To capture the true spirit and meaning of the season, the kids took turns standing up in pairs and reading narratives about one another.
These weren’t fill-in-the-blank recitations. They were insightful and moving reflections. With their teacher’s guidance, the kids had taken the time to see and chronicle the world through their classmates’ eyes. This, of course, left nary a dry eye among us parents.
In my last post, I suggested that lawyers can benefit from seeing matters through our clients’ eyes. This requires us to set our own preconceptions aside. As John Baldoni notes in his recent post at (the just-revamped) Harvard Business Review, it also requires us to keep our egos in check.
Adding to the conversation, Seth Godin comments that gaining and keeping this other-focus can be tough when we’re so used to trying to get people to see things our way. (Lawyers are, after all, in the persuasion business.)
But, it can be done.
Pamela Slim offers us some pointers in a recent post on creating a client-centered, natural business model. Like Kathie Conway of Brains on Fire, you might also find that sharing personal stories is a direct route to learning about the people we work with and want to work with.
On the flip side, some suggest that you can’t really know others if you don’t have a strong sense of who you are. Those in need of some guided self-reflection can start with Seth Godin’s engaging 8 questions and a why.
Posted by Arnie Herz on December 7, 2009
My longtime client, artist Pamela Lawton, recently showed her abstract paintings of New York City's modern architecture at an exhibit called Liquid City. Describing her work, Pamela says: "It's almost an 'intervention,' that's sort of an art term that people use to talk about taking something ordinary and conventional and altering it in some way. By noticing something obscure and distant and beautiful, I think it gives a different dimension to the neighborhood."
Taking something ordinary and conventional and altering it in some way.
These words really strike a chord with me since I’m always considering how lawyers can add a different dimension to the profession’s ordinary and conventional mode of client service. I’ve posted before that this kind of intervention requires us to see things through our clients' eyes and get to the heart of what they want and need from us and the law.
But, like other kinds of real-world interventions, this isn’t a simple or an easy proposition. Most lawyers and law firms are set in outmoded ways. Blogger Jim Hassett – who regularly posts on the topic of alternative fees - frames the problem out nicely in a series of posts on the profession’s addiction to the billable hour. At his blog, Patrick Lamb adds some insight in posts on firms raising their rates and being blind to fundamental market shifts.
For lawyers willing and able to shift perspectives, there’s a lot of inspiration out there. I first learned about William Kamkwamba, The Boy Who Harnessed the Wind, from a moving segment on The Daily Show with Jon Stewart. Blogger Carolyn Elefant picks up the story to encourage lawyers who are “put out by the economy” or otherwise “feeling trapped in the [ ] lawyering grind.”
Seth Godin provides some more fuel for our client service intervention in his recent post on Boundary Makers. Finally, we can tap into the possibility of taking the ordinary and making it extraordinary by viewing this Fast Company slideshow on innovation in materials.
Posted by Arnie Herz on November 12, 2009
When it comes to continuing legal education (CLE), most of us think in the very black and white terms of meeting our state’s mandate. But, my thinking has been colorized a bit by the convergence of three forces:
As I’ve been exploring here for a while, the recession-driven shake-up - along with other changes in the legal profession and larger cultural shifts - have created an unprecedented opportunity for us to remake our legal services. The first step in this redesign process is to set our foundation. This is a composite of our own interests, skills and strengths and the interests, needs and concerns of the people we want to help.
Establishing this base involves a good amount of self-study. Beyond spending time in self-reflection, we can gather input from trusted colleagues and friends. We can also tap the wisdom of experts and influencers outside the legal profession (here a list to source courtesy of Inc.). For example, Seth Godin offers these insightful posts:
We can also gain some perspective from this Fast Company article on redesigning the worst NFL helmet graphics and this NYT piece on reinventing America's cities.
Posted by Arnie Herz on October 26, 2009
Last week, I discussed why clients and prospective clients view lawyers as commodities. I suggested that we can avoid this type of identity crisis (yes, I think that being labeled a commodity is not a good thing) by taking some time to figure out what the people we help really want from us beyond fairly priced services.
I found some good guidance and inspiration on this front in a remarkablogger post titled Why You Are Not A Service Provider. In it, blogger Michael Martine notes that consumers of services “suffer from pain, but it’s more of a situational, logistical, or anxiety-based kind of pain. Our clients don’t necessarily want services. [ ] They want their problem to go away—preferably with as little involvement as possible on their part.” He goes on to suggest that we, and our businesses, will fare much better if we think of ourselves as “problems solvers” rather than “service providers.”
Martine adds some meat to this anti-commodity bone in a related post on How to Be a Godsend. He suggests that answering this “one simple question” can make our practices thrive: What is the painful and protracted problem you solve? When you solve this kind of problem (or, these kinds of problems) for your clients, you’re a godsend in their eyes.
For some additional insight into ways to avoid the commodity label, you can read Anthony Tjan’s recent Harvard Business post on the way small companies succeed by infusing their customer service with common sense and empathy.
If you’re in the NYC on November 5, 2009, you can gain practical tips on being the problem solver your clients need by participating in the New York City Bar’s Sixth Annual Law Practice Management Symposium. This year’s event offers a range of workshops on Jumping In and Staying Afloat in Your Solo or Small Firm Practice. I’ll be speaking as part of a plenary session on Cultivating Work-Life Synergy.
Posted by Arnie Herz on October 2, 2009
Due to the summer posting hiatus, it’s been a little while since the last installment in my series of posts on redesigning legal services around the client experience.
I’ve always been a proponent of the idea that it’s really hard for unhappy lawyers to provide great client service. To put it another way: The lawyer experience and client experience are two sides of the same coin. You can get a good sense of what I’m driving at by sampling some of my archived posts on the subject:
lawyer experience management
creating a firm culture that enhances the lawyer experience
lawyers as user-innovators
can law firms change to meet user demand?
With the recession-fueled law firm shake-ups, the lawyer experience has become a front burner issue for many displaced practitioners as they contemplate their next professional steps.
Kathleen Brady is an expert in career planning for lawyers. I first met Kathy when I was a student and she was Assistant Dean of Career Services at Fordham University School of Law. I asked her to dialogue with me about her work with lawyers going through career transition.
AH You must be busy.
KB Yes, I’m incredibility busy doing outplacement work for law firms.
AH Is it frustrating? How do you deal with fact that there are more lawyers than jobs?
KB We’re not head hunters, so our success isn’t measured by the number of jobs we help people get. Rather, we help lawyers move through the transition process.
AH I like that, helping people through a process. What emotions do you come across?
KB Emotions across the board – from truly relieved because they hated what they were doing to shocked, devastated and appalled because they did everything they were supposed to do and still find themselves out of work.
AH How do you help people deal with the emotions?
KB It’s really important to let them feel what they’re feeling and work through that. If they don’t, the emotions come out at the worst times, like, during job interviews.
AH What does it mean to let them feel what they’re feeling?
KB It means encouraging them to express their feelings – to vent, cry, etc. We let them know it's OK to be emotional. But, the key is to not let them get stuck in their emotions. To prevent this immobility, we help people focus on effective steps they can take to move forward in their career. That said, when people present additional issues – such as depression, eating disorders or substance abuse - it’s important to recognize the limitations of your counseling abilities. A few psych courses in college or grad school doesn’t qualify me, or most other career counselors, to address those issues. You have to know enough to know when you need to make a referral.
AH What’s the biggest challenge to getting lawyers-in-transition to experience and embrace this forward momentum?
KB The biggest challenge is convincing them that the job loss, especially a layoff, isn’t personal. It’s challenging because there’s nothing more personal than losing your job. This is where support groups and other resources (bar associations, alumni groups and virtual communities) are vital. Being able to see the common ground, how the recession is hitting everyone, makes it less of a personal slight.
AH Is there a silver lining here when it comes to the lawyer experience?
KB Yes there’s a huge one; particularly for new lawyers. Before the most recent recession, many lawyers moved into their careers without thinking about long-term goals. After a few years, they’d look up and realize they were miserable. Then, they would go through a process of figuring out what they wanted from their career. This process of taking a hard look at your career is happening en masse now and it’s a good thing. Lawyers have a chance to be more deliberate in how they shape their career in the law or on a more non-traditional path.
AH Is there one skill that’s vital to successfully navigating this path to a positive lawyer experience?
KB I’d say networking and business relationship skills are vital. For example, many lawyers spend all their time searching for a job on the internet. They send out 500 resumes to little or no avail. The best way to find a job is to use all your resources. If you see something online, find someone you know at the firm and get your resume to them. If you don’t know anyone there, use your network to make a connection. Connecting with people can be hard work, but it’s a great skill to hone because it’s the same skill set that helps you build relationships for business development and career advancement.
AH Any final words of advice?
KB Young lawyers need to reset their expectations. Some still are convinced that they need to work at the biggest and most prestigious firms. But, they really need to consider where they can acquire the skills they need to get where they want to be in the long term They need to seriously consider: “Does this job take me closer to my dreams or take me away from them?”
Thank you, Kathleen, for helping us better understand how we can optimize the lawyer experience, even in these difficult times.
Posted by Arnie Herz on September 21, 2009
As we were driving from one weekend activity to the next in our small New York suburb, my middle child looked up from her cell phone and, in an iPod-induced-too-loud-voice, said, “I love this town. It’s pretty, friendly and makes me feel safe.” I think she gave voice to what many of us feel and experience in our personal and professional lives.
When people engage lawyers – especially in contentious matters - they often arrive at our door feeling unsafe and insecure. As much as they want our legal advice and guidance, they’re also expecting that we’ll help them gain/regain a sense of safety and security. The problem is that many lawyers are unaware of their clients’ emotional needs. As a result, clients quickly frustrate and the attorney-client relationship becomes stressful and unproductive all around.
One good solution stems from knowing what it means to be a village lawyer. Put a bit differently, lawyers benefit from understanding what millions of people, including my daughter, so positively respond to about the villages in their lives. With that knowledge and understanding, we can focus on figuring out how to recreate that village sensibility for our clients’ (and our own) benefit.
Addressing this topic, one of my favorite bloggers, Sonia Simone, writes that it’s a great time to start and nurture a village business.
While village businesses aren’t bound by brick and mortar or geographical limits, they are “personal, intimate, and human-scaled” and “serve a relatively small number of people.” Even if you’re a lawyer in a large firm, you can still be a village lawyer because you’re likely dealing with a small number of clients. As village lawyers, we share a common bond with our clients because we understand and relate to their common needs, interests and concerns.
When it comes to client service, Simone notes the importance of giving people “a place to get together. To know you better, and know one another better.” We can accomplish this virtually or face-to-face.
If you’re excited by the prospect of creating an online community for your villagers, you’ll find some thought-provoking considerations in this Social media Strategy Checklist by ClickZ’s Sean Carton. Chris Brogan enhances the dialogue by detailing 5 Things Small Business Owners Should Do Today Online.
Posted by Arnie Herz on August 17, 2009
Yes, I know. A lot of lawyers recoil at the thought of being salespeople. We develop business. We network. But, we don’t sell our legal services.
With the economy remaining tight and consumers becoming even more discerning, maybe the time has come to reconsider this hardline stance. Or, maybe it’s time to rephrase the question to make it a bit more palatable.
How about: What are your clients buying?
According to marketing expert John Jantsch; no matter what’s in the sales hopper (greeting cards, HVAC supplies or legal services), “at the end of the day, [people] buy some variation of the same five things.” They buy products and solutions that:
- Make them more money
- Save them more time
- Allow them to avoid the frustration of doing stuff they don’t like
- Help them save or not lose money today and in future
- Help them feel better about themselves
Jantsch goes on to note that we can focus our energy on just one of these selling points or “come up with ways to mix and match” them. Of course, no matter how we decide to go, we need to have a solid sense of who our clients are and the problems they have that we can and want to help them solve with our legal services.
If you need some insight into the psyche of today’s consumers (a/k/a our clients), this article on recession-proof products offers some good food for thought (think chocolate and alcohol).
Posted by Arnie Herz on July 29, 2009
When it comes to the topic of (re)designing client-centric legal services, I’ve found a muse in Spike Jones. One of the visionaries at Brains on Fire, a company at the crossroads of identity development and word of mouth marketing, Spike helps organizations build movements.
Having drawn from his observations a bunch of times, I was delighted to have the chance to talk to Spike about his work and how it relates to the law. We opened the conversation by recognizing that we’re kindred spirits of sorts in that lawyers belong to the #1 most mistrusted profession while advertisers rank at #2.
AH: What’s the essence of your work at Brains on Fire?
SJ: We specialize in creating word of mouth movements by helping organizations roll up their sleeves and forge deep connections with their customers and employees.
AH: Can this work for modern-day law firms?
SJ: Well, I’ll use our company as an example of why it can. Marketing firms, even niche ones, are commodities. For each one, there are thousands of others doing the same thing. At Brains on Fire, we differentiate ourselves by trying really hard to make sure people know who we are and what we stand for. We got rid of time sheets, which are standard in our industry. This was huge. We try to embrace our kindred spirits by offering resources to a range of people - even those who won’t end up working with us; even our competitors. Differentiation happens when people come to you because you’re the thought leader who has new ideas and is trying new things.
AH: I can see this approach working for a smaller law firm. But, I wonder if it can work for bigger firms.
SJ: It can. Big companies like Microsoft are doing it. We call it opening the kimono. They’ve given hundreds, if not thousands, of their employees the freedom to blog on company time. In this way, they’re connecting with customers, each other and others in very authentic and meaningful ways. They’re letting people see Microsoft for the bumps and bruises it has, as well as the stuff it does really well. Southwest Airlines has a similarly open company culture. It starts on the inside, with this willingness to give individual employees their voice.
AH: This kind of transparency, this willingness to expose bumps, bruises and missteps, doesn’t seem to exist right now in the legal profession. Firms are very guarded and, at best, give their lawyers limited freedom to blog on the firm’s time.
SJ: This is huge. Companies are made up of people and people are fallible. When you go around saying “our company never messes up,” people see right through that and they can’t wait for you to mess up because then they can call you on it. So, if you say, “look, we don’t do this well, but the only way we can get better is with your help,” this is a refreshing entry into a conversation that goes on with or without you.
AH: I love that “we need your help.” It’s a wonderful way for law firms to engage their clients and employees. These are people who want to step up and be valuable and important.
SJ: Yes, and this plays into the point that there’s a need inside people to be part of something that’s bigger than they are. The firms who figure this out win. You’re no longer a law firm made up of lawyers, you’re a law firm made up of people. And people connect with people.
AH: Yes, that’s right. When you connect with other human beings in meaningful ways, you’re no longer a commodity. You’re a service provider in the true sense.
This was a very inspiring dialogue and I thank Spike for offering his insights on how law firms can engage clients and employees to ignite a movement.
Posted by Arnie Herz on July 23, 2009
At this very moment (and now …. and now), thousands of lawyers are wondering where to go and what to do next.
You’ve been laid off.
You just graduated law school and can’t find a job.
You’re an associate in a firm where morale is at rock bottom and you never see daylight.
Finances, family obligations, pride and other real and imagined forces compel you to take some sort of action.
So, you weigh your options: You can network (on social sites and old school). You can identify and build your personal brand. You can go solo and start your own practice. Or, harnessing you interests, passions, concerns and lawyer skills, you can lead a tribe and create a movement.
According to thinkers/experts like Seth Godin and Spike Jones, most of us – yes, including most of us lawyers - yearn to connect around common interests, goals and passions. People sharing this kind of common bond form a single, but scattered, tribe. Tribes are everywhere.
And, today, leadership is about recognizing a tribe (either because you’re in it or committed to its goals) and helping its members satisfy their desperation to connect. You don’t have to reach out to thousands of people at once. You just need to make the initial connection to a small group (Godin calls them the True Believers) and the next group will follow, and so on, bit by bit, until you have a genuine movement.
So …
If you’re a lawyer who’s navigated the difficult road to adopting a child overseas and are passionate about helping others involved in that journey, there’s a tribe for you to lead in your personal and professional capacities.
If you’re a cycling enthusiast who’s seen one too many preventable accidents that caused major injuries, there’s a tribe for you to organize and lead by engaging your legal skill set and other talents.
If you’re a lawyer who loves animals and believe that they deserve to be treated humanely in life and after, you have a tribe that’s waiting for your leadership and the positive change that can come from it.
Whether you lead your tribe as a solo practitioner, a partner in a boutique firm or a biglaw associate, the opportunity is there to challenge the status quo, build a culture and forge a career path that’s rewarding on many levels.
If you want to learn more about tribal leadership and igniting a movement, you can watch Seth Godin’s TED conference talk and read his interview with Brian Clark of Copyblogger.
Later this month, I’ll post on the dialogue I recently had with Spike Jones as part of my Legal Sanity Mentor series on redesigning legal services around the client experience. In the interim, you can read the ChangeThis Manifesto his company, Brains on Fire, just published on Igniting Word of Mouth Movements and this follow-up post.
Posted by Arnie Herz on July 11, 2009
I think that most people would answer this lead question with a rousing, “There is none!” Or, if prone to sarcasm, they’d say that the only “wow” is the overwhelm they experience every time they open their lawyer’s bill. And, really, this should come as no surprise.
The legal profession has yet to produce the law firm equivalent of Zappos; Southwest Airlines (note: grab a tissue for this one); or Whole Foods. Nor are is there a legal service consumer equivalent of the devoted Fiskateer.
One silver lining in the current economic slump is that some firms are waking up to the need for client service innovation.
They’ll find some solid guidance in a recent study on great retail shopping experiences (pdf) [hat tip Knowledge@Wharton] and Peter Merholz’s recent post describing How Nintendo Delights Its Customers.
Additional insight comes by way of an article on Embracing Your Inner Customer (aptly highlighting Google’s compelling customer service mantra, “Don’t Be Evil”). One of my favorite bloggers, Duct tape Marketing’s John Jantsch, takes it from a different vantage point by asking: What’s Your Signature response to Problems?
Lawyers and law firms might be tempted to shrug off these examples of service innovation as irrelevant to the business and practice of law. But, that's just the easy out. If an airline, shoe retailer and supermarket can offer services that turn customers into raving fans, why can't a law firm?
Posted by Arnie Herz on June 3, 2009
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.
Posted by Arnie Herz on May 23, 2009
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?”
Posted by Arnie Herz on May 19, 2009
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.
Posted by Arnie Herz on May 13, 2009
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.
Posted by Arnie Herz on May 11, 2009
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 that “converts 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.
Posted by Arnie Herz on May 7, 2009
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
Posted by Arnie Herz on April 29, 2009
Do you have a Michigan Wolverines trash can or plastic helmet (you know, the blue wolverine that sits on your head)? I did …. until they met an ill fate at the hands of someone who just doesn’t understand what it means to sing Hail to the Victors until your heart pounds and tears well up.
Even though this week marks the 25th anniversary of my college graduation, time and space haven't changed how I feel about the institution (and its football team). I’m not the tattoo kind. But, if I were, my one and only one would read, Go Blue!. Yes, I’m forever part of the University of Michigan tribe. And, judging by our conversations over the years and at this milestone moment, my college friends are, too.
I’ve been posting on this kind of tribal affiliation lately and thinking about how it applies to the law, in general, and to law firm culture, in particular. Especially in these unsettled - and unsettling - times, law firms need to foster the connecting points between lawyer and non-lawyer employees at every level. But, as this thoughtful piece points out, it’s not a matter of manufacturing connections and building a tribe. The real question is: “Do [we] have a community and how can [we] harness it?”
If you’re a law firm leader and you’re not sure if you have a tribal community (or communities) to harness, you’ll find some good guidance in this slideshow based on Seth Godin’s latest book, Tribes. Godin sheds some more light on the matter in a recent Wired interview and in this blog post on tribe management.
Posted by Arnie Herz on April 23, 2009
No. I’m not taking a continuing ed philosophy class (although that might be fun) and this isn’t an original question.
It’s inspired by a pretty well-known quote from author/motivational speaker Zig Ziglar that first came to my awareness while I was watching a great interview with marketing expert Seth Godin. More recently, it popped into my head as I read Be THAT Lawyer, Carolyn Elefant’s thoughts on creating a niche law practice, and a post from SPU’s Susan Cartier Libel titled: The Big Question: “Should You Create A Niche Practice?” (and Part II). Carolyn and Susan add a lot to a virtual conversation that’s been going on for quite some time.
I’ve participated in the dialogue on niche lawyering through posts like these:
How are you doing?
The thinking behind lawyer brand identity
Self-expression and business relationships
Here’s what some other lawyers have to say about niche practice and marketing:
Overcoming The Niche Bitch (Chuck Newton)
Niche thyself: Key to legal blog success (Kevin O’Keefe)
Don’t Dilute Your Niche In a Down Economy (Tom Kane)
Do You Have a Niche and What Are You Doing About It? (Tom Kane, again)
Don’t Be Tempted to Abandon Your Niche (Sara Holtz)
Developing a Niche Practice (Rudy Rivera for the ABA’s GP|Solo)
Got an Itch to Create a Niche? (N. Andrew Rotenstreich for the ABA’s Young Lawyer Division)
And here’s some sage input from a couple of non-lawyers:
How to Dominate Your Niche (Brian Clark)
Make the world smaller (Seth Godin)
I think that many new and seasoned lawyers want to be meaningful specifics instead of wandering generalities. Niche practices can certainly help you meet that goal. If you’re wandering in indecision, you might consider taking this quiz asking Does Your Work Matter to You?
Posted by Arnie Herz on April 14, 2009
Authentic. Transparent. Human.
These three words come up again and again in conversations about creating and sustaining business relationships in the current marketplace. For lawyers, this really isn’t about a new way of relating to our clients, prospects and colleagues. It’s about getting back to our roots as service providers and connecting with the people behind the legal matters we take on. The practice of law has always been about helping people solve problems, overcome challenges and meet goals. But, somewhere along the way, the legal profession (with the help of law schools) lost sight of its human nature.
Over the years, I’ve posted on the importance of bringing ourselves back to our work so we can authentically relate to our clients and others:
In his new book, Fuel the Spark: 5 Guiding Values for Success in Law & Life, Colorado attorney Kevin Houchin shares practical wisdom on cultivating an authentic life in the law. Legal Sanity Co-producer Lori Herz asked Kevin for his thoughts on (re)designing the lawyer-client relationship for a better client experience.
LH: You set out five guiding values in your book: Accept; Show Up; Pay Attention; Many irons In The Fire; and Stewardship. They’re all relevant to cultivating a meaningful life in, and outside of, the law. But, I’d like to focus on the first one – Accept. In the chapter on this guidepost, you write something that I find particularly compelling:
“There are many things about the legal profession you must simply accept because you cannot change them. But there are also many things you can change because you control your outlook, your goals, and your choices. To maintain balance in your practice and your life, you must first identify what you are willing to accept and what you are willing to accept the responsibility for changing.”
How do you think this pertains to the way lawyers can connect with clients and others in everyday practice?
KH: The possibilities here are as endless as the combinations of lawyers, clients and matters.The first level of this value aims to help us think about the types of cases we take on and what that means to society. For instance, I don't accept criminal or divorce cases. Accordingly, since I don't accept personal responsibility for changing those situations for those clients, I have accepted to let those situations exist as they are - hoping other attorneys will accept the responsibility to take the necessary steps to help society.
At the next level, we can choose how we will interact with our clients, but it's important that we don't judge either our clients or ourselves too harshly. Each client is different, some are very business-like and don't want a lot of small talk, especially if they think the "clock is running.” Others simply want someone to listen to their full story and empathize, even if we could jump in with the answer after only a few minutes. I talk a little bit about this in the section discussing my theory that to receive respect from our clients and peers, we must first surrender our instinct to judge.
LH: Yes, in that section you encourage us to identify what we must surrender in order to receive the changes we want in our law practice. As an example of this surrender-to-receive dynamic, you write:
“When you surrender judgment, you automatically open up to the possibility that the other person is worthy of respect. In turn, that makes it easier for the other person to open up to the possibility that you are worthy of respect.”
I really like this couplet. I call this “mutuality” in business relationships – a genuine kind of give and take. Is this what you’re getting at?
KH: "Mutuality." I like that word. I hadn't thought of it exactly that way, but it works. To some extent, we have to put ourselves emotionally in the trenches with our client's immediate challenge. When they know that we are with them emotionally, as well as physically and intellectually, something changes. The trust deepens. As I discussed before, I don't take on criminal cases because I don't know if I could let myself be that open to the client in those situations. That's just me. The important thing is to know yourself well enough that you do your best to only take on cases where you are able to form this kind of emotional bond with your client. It helps you be a better lawyer, and on a practical note, it will shorten the time it takes to get paid for your work because the client knows you're not just helping them for the money.
LH: To surrender our judgment in the lawyer-client relationship, we need to really listen to our clients and not talk over and around them with a deaf ear. This syncs with another of your guiding values – Pay Attention. You write:
“We sometimes deal with clients during very difficult times in their lives, so paying attention to how they are saying something may allow you to alleviate some discomfort, heal some harm, remove some shame, and get to the bottom of the problem.”
Can you share a personal experience with this?
KH: The simplest thing happens fairly often in my office because I'm a true solo and do not have a receptionist. The phone will ring in the middle of a meeting and my client might look at me with some surprise that I don't move to answer it. This gives me a chance to let them know that I'm paying attention to them in the moment. Take it a step farther and you're squarely in the active-listening techniques. In those active listening situations, you find the chance to make the emotional connection. Showing that you have personally made the same mistake the client made in a situation, letting them know they aren't stupid, or that others have done the same thing pretty often removes their shame and fear and helps you start solving the problem. The next step of paying attention is watching for ways to help your clients when they're not in the room - referrals or becoming a fan of their product on Facebook are good examples. Following them on Twitter is another. Basically, becoming their friend instead of just their attorney will go a long way toward helping you be a better lawyer. It will also bring you more business and help you reach your own personal goals for success.
LH: Kevin, thanks for sharing your thoughts on client service and helping us cultivate legal sanity. We wish you all the best with your new book.
Posted by Arnie Herz on April 10, 2009
Three Rules of Work: Out of clutter find simplicity; From discord find harmony; In the middle of difficulty lies opportunity– Albert Einstein
Spring. Passover. Easter. It’s the time of year when we’re reminded that we’re resilient by nature and can move through challenges to a place of renewal and possibility.
Just as we survey and fix up our personal space during a spring cleaning, we can take an honest look at our business practices and see what’s worn out, broken or just no longer useful. For many law firms and lawyers, this process will reveal some areas of client service that have fallen into disrepair.
As you assess the problem and weigh possible fixes, you can gain some inspiration and practical advice from these sources:
Five Things - Do them and Clients will Love You
Speak Your Customer’s Language
Is Your Brand Vulnerable?
Word of the day: Relevant
On being a chief evangelist
Who’s in Charge of Your Company Culture?
Roam Before You Pave
Posted by Arnie Herz on April 8, 2009
I’m a big fan of lawyer mentoring and have given and received this guidance throughout my career. Although lawyers typically look to other lawyers to mentor them, I’ve learned a lot about business and service from people outside the legal profession.
With a nod to the value of cross-discipline mentoring, I’m starting a new feature today called the legal sanity mentor. Each month, experts and influencers across a range of fields will share their views on and around the topic of designing and delivering client-centric services.
As I’ve posted before, we’re living in an era of consumer control. Clients are no longer content to be passive recipients of legal services. They are active and educated co-creators who want us to understand and respond to them as human beings in need. The lawyers who will thrive in this new marketplace are those who place a premium on a positive client experience.
Lori Herz is legal sanity’s longtime co-producer and content director. She recently talked to Dan Formosa, an award-winning design expert and one of the founding members of Smart Design, about his firm’s approach to user-centricity.
LH: Where in your product design process does the consumer experience become relevant?
DF: It’s always relevant. We started Smart Design on the idea that design should be more about people than things. It’s important to consider the social science and psychology behind the design.
LH: How do you make the jump from that idea to reality?
DF: In our industry, people often focus on how the average person would use a product, often homogenizing people into “personas." It’s like designing things for imaginary friends. It’s very idealized. Instead, at Smart Design, we consider a wide range of people. Lately we’ve been taking the design process through a reality check that we call “6 Real People.”
LH: How do you engage the six?
DF: Actually, it’s not always six. It’s at least that many, but can be more. The point is to engage real people in a real dialogue about the products we’re working on. We photograph and videotape them talking about and using the products. We pay attention to their perceptions and reactions and really get to know them. When we talk about the products as a design team, we refer to these reality checkers and say things like, “Susan could do that, but George couldn’t.”
LH: So, since the beginning, you’ve built your design business around the user experience. I think that you broke some ground on an approach that’s now gaining momentum in the marketplace.
DF: Yes. The brand itself is no longer the lure for consumers. People make buying decisions based on other people’s experiences with a product or service (think Amazon or CNET reviews). In the design world, this creates amazing opportunities for innovating and making improvements on existing products. These same opportunities exist in other fields, like the law.
Many thanks to Dan for sharing these insights as a legal sanity mentor.
Posted by Arnie Herz on April 3, 2009
I’m happy to announce that I’m launching a new feature here called the legal sanity mentor.
Each month, experts and influencers across a range of fields will share their views on and around the topic of designing client-centered legal services.
This is a topic – and a mission - that’s taken on a lot of personal and professional significance for me as I’ve grown my solo practice. It’s also gained a great deal of attention outside the law due to the advent of a consumer culture valuing meaning, positive experience and emotional connection.
I’m publishing the first post in this series next week. It’s an interview with Smart Design founder Dan Formosa (full disclosure: Smart design is my client). With products like OXO Good Grips kitchen tools and Ford’s new SmartGauge instrument panel to its credit, Smart Design has pioneered the art and science of understanding and designing for the consumer experience.
If you want to preview Dan’s insights and work, he’ll be today’s guest on Debbie Millman’s VoiceAmerica radio show, Design Matters. You can listen to the live stream at 3PM EST. For time shifters, it will also be available at iTunes.
I look forward to presenting the legal sanity mentor to you and, as always, welcome your feedback and suggestions about it.
Posted by Arnie Herz on April 2, 2009
Here are two facts:
- There’s a client service deficit in the law.
- Lawyers tend to regard emotions – their own and other people’s – as irrelevant to their work.
At first glance, these two facts seem unrelated. But they’re actually closely (even intimately) connected.
Some time back, I posted on the interplay of emotions and client service in this new era of customer control. I linked to a ClickZ article citing a (then) new book by Dan Hill called Emotionomics: Winning Hearts and Minds. Launching from the premise that humans are primarily emotional decision-makers, the book discusses how emotions factor into our business opportunities in the marketplace and workplace.
Picking up on this point from a slightly different angle, in a recent post, designer and marketing mentor Peleg Top says, Go ahead, get emotional. Top notes that, in marketing (and, I’d add, in providing) our services, “an effective way to generate action is to tell a compelling story, one that hits your customer’s emotions.” Suggesting that most service providers miss this mark, he observes:
If you look at the majority of service companies [ ], the common story is all about who they are and what they do best. If I’m the customer, why would I believe them? What would compel me to trust that they really know what MY problem is? What my needs are? No feelings are generated and I will pass over them without a second thought.
In this new economy, feelings are a main form of currency. It may require a leap into the unknown for many lawyers, but to build strong and lasting business relationships, we need to give our clients the emotional connection they’re craving.
Posted by Arnie Herz on March 28, 2009
Over the years, I’ve written several posts comparing the client service lawyers typically offer with the patient care doctors usually provide.
One of the first discussed the humanism in medicine movement and a related medical school curriculum that encourages a more holistic approach to treatment – body, mind and spirit.
It doesn’t take much experience in the law (maybe just a few months in law school) to realize that the legal profession doesn’t place a premium on “treating” the person behind the matters we take on. To the contrary. We’re encouraged as students and practitioners to reduce human issues to a dry set of rights, rules and responsibilities. It’s all about applying the law to the facts.
Plenty of us eschew this model of client care. We see and value the human-to-human connections we make with our clients. This kind of connection is the subject of a recent New York Times article that asks, How Connected Are You To Your Doctor? In it, Dr. Steven J. Atlas, co-director of primary care quality improvement at Massachusetts General Hospital, notes:
By focusing on new treatments, new technology and instant access, we have undermined the patient’s ability to have a longstanding relationship with a doctor, to have a doctor who knows him or her as a human being. If all your primary care doctor does is order tests and make referrals to specialists, he or she will miss the fact that you are stressed out because you lost your job or your health insurance.
I think a candid, comprehensive study of the quality of client care in the law would yield similar observations. The question remains whether the profession is ready, willing and able to respond with widespread reforms starting in law school and continuing in law firms and other practice settings.
Posted by Arnie Herz on February 26, 2009
When we are no longer able to change a situation, we are challenged to change ourselves.
~Victor Frankl
I’ve always been drawn to this quote. When faced with hard times and uncertainty, I think it’s human nature to look around us and think: “If I could just change this [job, relationship, assignment … you fill in the blank] things would be better and I’d be happy.” There’s a real lure to focus on the external circumstances of our lives when we’re feeling off kilter. And, truth be told, sometimes, changing those circumstances offers real relief. But, there’s bound to be another challenging situation to face and then another and another.
That’s where the meaning of Frankl’s quote lies for me. Eventually, in looking to change our external situation, we come to see that the change really starts with (and within) us – with shifts in our attitude, understanding, perspective and self-perception.
Almost a year ago, I stopped blogging here at legal sanity. It wasn’t a premeditated decision. It happened pretty organically in response to the increasing demands of business and life. Once I stopped blogging, I figured that I’d just devote the freed up time to addressing and alleviating some of these work-life demands. As you might guess, things didn’t go exactly as planned. Especially with the economic and market downturns, the demands I was experiencing remained just as demanding.
In the midst of all this, I realized that I missed posting and engaging with the community of bloggers.
So, on a recent afternoon, I sat down at my computer, went to legal sanity and spent some time in the archives. I noted the topics that still held interest and excitement for me and ones that felt tired and weighty. I also asked myself some questions about the direction of my training and development business and the book project I’m involved in. Broadening my focus, I thought about all the new and seasoned lawyers who, like me, are trying to achieve in a particularly challenging profession in particularly challenging times. How could I best support them? What information would they find meaningful, relevant, practical and timely?
After some time, I came away with a new vision and roadmap for this blog. While it will have the same look and voice, the content will focus on mentoring and coaching lawyers to embrace change and get unstuck so you can work smart and live fully. Drawing from different fields and disciplines, I’ll present motivating and inspiring articles, interviews with experts and other material to help you build your knowledge, skills and confidence as a firm or solo practitioner.
All of the archived content will remain on site, as will the original content categories. I’ve added some new categories to organize the fresh posts. They are:
- Business relationships
- Career strategy
- Managing + marketing yourself
As in the past, legal sanity continues to be part of a group of offerings. There will be a companion monthly e-newsletter and complementary training and development opportunities presented through an updated legal sanity programs. Also, as always, you’re essential to what’s happening at legal sanity. This is an open forum and an ongoing dialogue. The blog comments are activated and you’re welcome to email me with any questions and ideas you have for posts and newsletter content.
I’m very happy about these changes and look forward to recreating legal sanity with you.
Posted by Arnie Herz on March 31, 2008
A few weeks back, I wrote about the importance of
creating a connection culture in the law . One of the best ways for law firms to create connecting points for their lawyers is to gain insight into points of disconnection. As I’ve previously noted, two frequently cited
causes of lawyer disconnect are the competitive nature of the business and long working hours.
According to a post from
Chris Bailey at the always-interesting
Bailey Workplay blog, another major cause is
invisibility. Bailey attributes this problem to incompetent leadership. Specifically, he asserts that managers can do a lot of damage when they ignore employees. Ignoring actions, in turn, can take different forms, including:
- Not acknowledging contributions
- Not recognizing expertise
- Not seeing the individual worth
As this
post from Matt Homann suggests, anxiety can also promote lawyer disconnection. Homann points to a Harvard Business article that tells us
How to Deal with Anxious People. The piece leads with an anatomical fact: When we’re anxious, our minds constrict and we’re more apt to cut off our rationality and act impulsively. Consequently, law firm leaders looking to alleviate anxiety – and the disconnection it can foster – need to talk
to or
with anxious lawyers rather than
at or
over them.
The article goes on to instruct that the best way to navigate these challenging talks is to observe the anxious person’s body language. People who feel that they’re being talked over will “leave the conversation at the earliest opportunity.” When they’re talked at, people tend to tuck their chin down or stick it out to show that they’re intimidated or ticked off, respectively. By contrast, when you talk to an anxious person, they’ll “nod from the neck up.” Similarly, someone who senses that they’re being talked with will usually relax their shoulders and neck, “as if you've told them: ‘It'll be okay. We can work this out.’”
Posted by Arnie Herz on March 23, 2008
In
past posts, I’ve discussed
the broken windows theory as it relates to the practice of law and, more specifically, to the creation and cure of client service problems. In a nutshell, the theory holds that firms should focus on identifying and quickly repairing their broken windows – those aspects of their operation that signal an indifference to client satisfaction.
As this
Small Firm Business article conveys, law firms looking to stem client dissatisfaction - and the attrition it can compel – often conduct client surveys. The surveys are drafted and administered to obtain feedback about:
- Clients' satisfaction or dissatisfaction with the attorneys and staff who served them
- The timeliness, responsiveness and value of work performed
- The need for additional services and greater cost or quality control
- The need for greater lawyer specialization
- Whether clients would use the firm again and refer the firm to friends and associates
As the article suggests, it’s a fairly futile and wasteful for firms to undertake these surveys if they don’t follow-up and redress the client service issues brought to light.
To bridge this gap between intelligence gathering and action, some firms are “creating specific positions to facilitate and organize communication between major firm clients and the attorneys representing them.” That’s the message in
a recent article from The Recorder featured at law.com.
Led by
client service executives with titles like
Chief of Practice Excellence; law firm client relations teams “provide attorneys with news on the clients' activities and goals, serve as point people for clients with questions or issues and help attorneys maintain regular contact with clients.”
It would be interesting to compare the client opinion on firms embracing this team approach with the client perception of firms that do little or nothing to inspect and repair their broken windows.
Posted by Arnie Herz on March 10, 2008
A little while back, I wrote a post on
creating a more fulfilling legal career. It conveyed my thoughts on a
New York Times article describing the diminishing lure of the law.
One of the resonant complaints I hear from lawyers is that they feel very disconnected from their colleagues and firms. They attribute their sense of isolation to, among other things, the competitive nature of the business and long working hours. These kinds of complaints inspired me to write posts like:
Their common theme is
connection – the damage caused by its absence and ways to build it in the legal profession.
Connection is also the theme of a new
ChangeThis manifesto by leadership expert
Michael Lee Stallard. Titled
The Connection Culture: A New Source of Competitive Advantage (pdf), the manifesto poses the compelling question:
What is it about connection that makes it so powerful?
Stallard offers up this gem of an answer:
“[W]e are humans, not machines. We have emotions. We have hopes and dreams. We have a conscience. We have deeply felt human needs to be respected, to be recognized for our talents, to belong. [ ] When we work in an environment that recognizes these realities of our human nature, we thrive. [ ] When we work in an environment that fails to recognize this, it is damaging to our mental and physical health.”
He then explains and explores the core elements of a workplace Connection Culture:
- Vision (“everyone in an organization is motivated by the organization’s mission, united by its values, and proud of its reputation”)
- Value (“everyone in an organization understands the universal nature of people, appreciates the unique contribution of each person, and helps them achieve their potential”)
- Voice (“everyone in an organization participates in an open, honest and safe environment where people share their opinions in order to understand one another and seek the best ideas”)
Stallard aids our understanding, and amplifies his message, by giving examples of businesses and business leaders who have successfully embraced these core components.
Posted by Arnie Herz on February 19, 2008
My vacation presented me with another opportunity to inventory the contents of my blog hopper. I found that much of it pertained to the ins and outs of lawyering. So, I decided to offer it to you here as a chain of related topics:
The top link in the chain is this article addressing
why associates bail out of law firm life. Among the reasons cited are the:
- Absence of management expertise and meaningful feedback
- Law students’ misunderstanding about the practice of law
- Lack of work-life balance
The article goes on to outline steps that firms can take to remedy the problem of attrition, including:
- Hiring in-house professional development directors
- Providing business development training
Logically linked to these points is a post about
coping with the anger and resentment that often accompanies career change and this piece questioning the sanctity of, and potential power imbalances in,
the law firm mentor-mentee relationship.
The chain continues with information geared to helping young associates build their book of business. Pam Slim explains
the business benefits of being a matchmaker and offers some concrete ways to take on that role, such as:
- Introducing like-minded people
- Forwarding information and resources to people who can use them
- Connecting people who have complementary interests, products or services
On a related note, in companion posts, Robert Middleton gives us some practical
tips and tactics for quelling our marketing fears (and
Part II ).
Jim Hassett rounds off the roundup links with a post profiling one firm’s efforts to
help associates hone their relationship-building and business development skills. Noting the win-win nature of these initiatives, the article states: “business development training produces greater associate satisfaction, more satisfied clients and more interesting business opportunities.”
Posted by Arnie Herz on January 30, 2008
In the last several years, I’ve logged a lot of online and offline hours learning, thinking and teaching about
work-life synergy for lawyers (pdf). Although different issues converge under this umbrella, one topic that garners a lot of attention is flexible work options. It’s something I’ve addressed in posts on:
About a month ago, I came across a boston.com article on
workplace trends for 2008. In it, columnist Maggie Jackson declares: “Fluidity is in. Piecemeal flexing is out.” She’s referring to a movement in corporate America to retrain the focus away from flexible work programs and towards the more fluid “Mass Career Customization" (MCC).
Championed by
Cathleen Benko of Deloitte & Touche, MCC presumes that, today, more and more employees want to tailor their careers by “periodically adjusting their work pace, job setting and schedule, workload, and company role.”
After reading the article, I went over to Deloitte’s website and continued my MCC studies through a podcast that explores how
MCC is not just a women’s initiative. Given the emergence of a
dual-centric workforce, career customization serves the needs of men and women alike. I also vetted this series of in-house articles on
Building a Lattice Organization. (The MCC model can be visualized as a career
lattice - with numerous paths leading to different kinds of success – as opposed to a career
ladder.)
In the wake of this education, I started considering the ways MCC might play out in the legal profession. Law firms aren't known for being early adopters of new workplace trends. That’s why it was so interesting to read a recent New York Times article – aptly titled
Who’s Cuddly Now? Law Firms – that profiles a new proposal to bring customized career tracks to the law.
The proposal, called FACTS, is the brainchild of work-life consultant
Deborah Epstein Henry. Henry doesn’t propose that firms do away with the billable hour. Rather, she suggests that they move from a liner to a more fluid billable hour model that recognizes how lawyers’ work-life needs may change at different stages of their careers. The acronym FACTS reflects the variety of work hour modes that Henry envisions:
To learn more about the FACTS, you can read
Henry’s article outlining her methodology (pdf). Those of you in the New York area can join in the conversation when Henry presents her program on Monday, March 3, 2008. To learn more about the program and register for it, visit
Flex-Time Lawyers.
Posted by Arnie Herz on January 10, 2008
Kevin O’Keefe and
Carolyn Elefant , among other bloggers, recently posted about this
New York Times piece on the diminishing lure of the law. I read the article when it first ran and liked it a lot. But, the news it imparted was not earth shattering by any stretch.
For years, theorists, academics and others have been decoding and commenting on the root causes of lawyer discontent and attrition. When
legal sanity launched in 2004, one of its
main objectives was to highlight their work and related efforts to remedy an ailing legal profession. Since then, coverage here has included posts on:
Threading through the broader conversation about life in the law today – and echoed in the New York Times article - is the realization that the legal profession is out of step with larger social-cultural-generational shifts towards creative personal and business pursuits. You can sample some of the discussion on the new “Creative Age” through these posts:
The lingering question for law firms and practitioners alike is
how to bring more creativity to the everyday practice of law. The first step, of course, is to acknowledge the creativity deficit and the problems deriving from it. From there, firms could take it to the people and ask their lawyers what kind of creative outlets and opportunities they’d like to have on the job. Beyond getting this direct input, firms could demonstrate their commitment to creativity through policy and marketing initiatives.
For some inspiration, firms can look to resources like this article on
creativity and success (emphasizing the “simple and wonderful truth that all people have the capacity to be creative”) and this terrific
marketing-lateral recruiting campaign from Chicago’s Ungaretti & Harris.
Posted by Arnie Herz on October 31, 2007
The
ABA Journal online tipped me to a great article in which lawyer-author
Richard Susskind explores how and why
the legal profession is on the brink of fundamental change. The article is the first in a series of excerpts from Susskind’s forthcoming book,
The End of Lawyers? Rethinking the Nature of Legal Services.
Like other forward-minded thinkers, Susskind challenges us to “introspect” and honestly consider the skills, talents and capabilities we possess that can’t “be replaced by advanced systems or by less costly workers supported by technology or standard processes, or by lay people armed with online self-help tools.” One of Susskind’s aims is to help us see and understand the natural evolution of our chosen profession and to embrace those changes as opportunities to take on new lawyering roles “which may be highly rewarding, even if very different from those of today.”
It’s a common refrain about the transformation of legal services –
the times they are a-changin'. As always, the lingering question is how practitioners and law firms will change with the times.
That question is addressed from a number of different perspectives in the latest issue of
The Complete Lawyer, which focuses on
Viewing The Law In 2020. I particularly enjoyed consultant Bill Cobb’s article that asks:
Are You Ready For The Revolution In Legal Services?
Cobb identifies
client power and
reliance on alternative providers as two of the key change drivers in the practice and business of law. He goes on to depict the changes attributable to increased client power, such as “fixed fees and lower rates.” Cobb also discusses how the Internet gives people access to a bounty of “quasi-legal service” providers, ending “the monopoly that lawyers have had on providing legal services.”
Although it’s not on all fours with the topic of the legal profession’s future; my latest article for TCL – titled
For Associates, Relationship Building Skills Are Essential – provides some practical tips and exercises for young associates looking to optimize their future success and happiness in the law.
Posted by Arnie Herz on September 23, 2007
I’ve explored the connection between self and work in posts like this one on
avoiding self-less lawyering and this one on
valuing your self in the practice of law.
Last week, I received an email from career coach/lawyer
Michael Melcher announcing the “birth” of his new book,
The Creative Lawyer: A Practical Guide to Authentic Professional Satisfaction. I have the book (thanks, Michael!), am eager to read it and will review it here soon.
In the interim, you can sample a bit of
The Creative Lawyer’s offerings in a post by
Gretchen Rubin that asks:
Do You Know Yourself? “Lightly” adapting a quiz from the book, Rubin poses seven questions to help us pinpoint what interests us. While they’re all important self-inquiries, the one that really resonates for me is:
What types of activities energize you?
I believe that we can learn a lot about ourselves and our relationships by
exploring what energizes and depletes us. This is an anchoring premise of
my training and development programs for lawyers. It’s also a point that I highlight in an article on
Critical Relationship-Building Skills For Associates that appears in the current issue of
The Complete Lawyer.
Someone who has taken affirmative steps to connect her self with energizing work is this blog’s co-producer,
Lori Herz. Lori started her own business writing and communications consulting venture a year ago. Last week, she launched her companion blog,
Write for Clients. As she explains in this
LexBlog interview, the blog aims to help service professionals better understand how business writing can be a powerful relationship tool that connects you to people you work with and want to work with.
I encourage you to visit
Write for Clients and join in the conversation about writing for your business success.
Posted by Arnie Herz on September 20, 2007
Over the years, when considering
how law firms can fix their client service problems, I’ve looked to different sources of ideas and inspiration. I’ve tracked the movement to
educate medical doctors on treating the patient as a whole – body, mind and spirit. I’ve also looked to the marketing world to gauge the latest thoughts on
creating client evangelists (pdf) and avoiding
negative word-of-mouth.
One often-cited key to building successful and enduring client relationships is
authenticity – the desire and ability to lay down our shield, open up and let our clients get to know who we are, what’s important to us and where we stand.
Steve Pavlina offers a great post on
authentic communication. In it, he points to
John Kinde’s commentary on
the power of authenticity. Kinde, in turn, forms his message around inspiring footage of the late
Fred Rogers speaking at a 1969 senate hearing about funding for the newly formed
Corporation for Public Broadcasting.
Click here to watch the clip. As Kinde points out, what’s remarkable about this interaction is how Mr. Rogers’ authenticity affects the hard-nosed politician he’s addressing. It’s moving and, yes, instructive, to see a person who's so genuine and crystal clear in sharing why he’s here and what he stands for.
Posted by Arnie Herz on September 11, 2007
I just finished reading a great
ClickZ article by
Pete Blackshaw on the interplay of
emotions and customer service. Blackshaw notes that we’re in a “new era of consumer control” marked by the rise of
Consumer Generated Media (CGM) -- also known as User-Generated Content (UGC) and User-Created Content (yes, it’s the other UCC). These platforms include:
Citing Dan Hill’s new book
Emotionomics: Winning Hearts and Minds, Blackshaw explains that “nothing else is more emotional for the consumer” than customer service. So, with this new shift in control over publicity and reputation, businesses are at risk if they don’t “get a handle on consumers' (read
clients') emotional needs and wants” as they play out through the multi-tiered service dynamic.
I’ve discussed this issue before in posts on:
But, as Blackshaw makes clear, it’s getting more and more imperative for lawyers and law firms to be cognizant of our clients’ emotional response to our services. After all, we aren’t immune to the kind of viral backlash that millions of disgruntled consumers spread across the Web every day.
The question remains: how do we monitor and manage how our clients emotionally experience our services?
As this article called
Love the complaining customers suggests, we start by paying close attention to client complaints. As the piece highlights, “the person who complains is doing you a favor, because he or she highlights the problems that silently cost you customers.”
Before you’re tempted to think of this as the exclusive province of firm marketing departments or management committees, it’s good to remember that each and every one of us can make or break our clients’ emotional experience.
This point is well made in a
Wall Street Journal article about United Airlines Capt. Denny Flanagan, who regularly “goes out of his way to make flying fun for passengers” (tipped at
Church of the Customer).
On this same note, I heard renowned restaurateur
Danny Meyer speak 10 years ago. He said that the key to creating a 5-star restaurant is to field complaints about the dining experience before the customer leaves the restaurant. By being proactive in this way, you gain the priceless opportunity for an on-the-spot fix and can make other improvements going forward.
Posted by Arnie Herz on August 31, 2007
My 6-year-old son is a baseball fanatic. He knows everything about his beloved
New York Mets, down to the daily action on the farm. Since we live nearby, he’s eagerly tracking the construction progress at
Citi Field, the Mets’ new ballpark that’s slated to open in 2009.
To give him a taste of what the new stadium might be like, on a recent family trip, I arranged for us to attend a Cleveland Indians game at
Jacobs Field. From unobstructed views of the beautifully groomed turf to easily accessible concessions and luxury box seats, the stadium is designed to optimize the visitor’s experience.
While I’m a fan of my hometown
Shea Stadium for sentimental reasons, it’s clear that it was not built with the customer’s concerns, perceptions and feelings in mind. By contrast, as conceived, Shea’s successor follows a new trend in baseball to cater to the attendee’s desire to have – and pay a premium for -
a more intimate ballpark experience.
I’ve previously written about this trend toward
customer experience management (CEM). Like other new business concepts, CEM puts a
right-brain spin on service delivery. It considers how businesses can map, improve and deliver experiences that their customers or clients value on both a functional and an emotional level.
Given the widespread reports of
impaired client relationships, law firms may want to take a closer look at the client experiences that they routinely offer. A firm’s CEM audit could include an appraisal of its:
- lawyers’ business relationship skills
- approach to business development
- client-centric marketing programs
- client satisfaction survey results
- client attrition statistics
This kind of honest appraisal will provide a solid platform for launching effective law firm CEM initiatives.
Posted by Arnie Herz on August 27, 2007
I’ve previously written about
moral intelligence and the emergent
Conceptual Age that places a premium on empathy, meaning and human-to-human connection. I’ve also discussed how the incoming generation of lawyers highly values
meaningful work.
Echoing these markers of a warming social-cultural-business climate, the
Christian Science Monitor has a great piece on college efforts to “prepare students to be moral exemplars and
socially responsible leaders.” The key components of this campus-based moral leadership campaign are:
- Personal and academic integrity
- Contributing to a larger community
- Taking seriously the perspective of others
- Ethical and moral reasoning
Duke University is one of the campaign’s early adopters. Its endowed program,
DukeEngage, funds undergraduates who want to spend time contributing “to the public good anywhere in the world.” If you visit the program’s main site, you’ll find links to some very inspiring blogs that chronicle the students’ experiences.
As these kinds of programs take root in colleges and universities across the country, they’ll likely spread to graduate schools, including law schools. Transitioning from this academic milieu to the law firm environment, newly-minted lawyers will have little tolerance for anything less than
positive law firm leadership.
Posted by Arnie Herz on August 2, 2007
In my most recent post on
intimacy and the lawyer-client relationship, I wrote: “It’s basically the same kind of intimacy that fuels healthy connections to family and friends. Many lawyers find it hard to drop the mantle of authority and really get to know their clients as human beings who have fears, hopes and challenges. But, this kind of sincere human-to-human exchange is what compels prospects to become clients and compels clients to stay with us and refer us more business.”
The bottom line is that our business relationships are not the cool, aloof, dull and dry second-cousin of our personal relationships. Business relationships are personal.
They require us to be genuine and empathic. So, when we’re out in the world engaging with prospects and clients, it’s important to throw our selves into the mix. It’s also important to understand those aspects of our selves that tend to attract and repel people.
In a post called
How to be likable to people who are complaining about you, columnist Penelope Trunk candidly reports on her recent experience with a panel audience that took issue with her message
and her personal demeanor. Gerry Riskin similarly weighs the business-personal nexus in a post listing
7 Client Interaction Blunders That Blow It Every Time. The list includes: (1) Not being yourself; (2) Not listening and (3) Trying to be cool or aloof. Notably, Riskin derives his list from a post by fellow blogger
Brad Isaac illuminating
10 First Date Blunders That Blow It Every Time.
Author and speaker
Tim Sanders lends another perspective on navigating the personal side of business relationships in a commentary titled
Don’t say an unkind word to help. He reminds us that a
tameless tongue can wreak havoc on our business and personal connections.
This last point was recently brought home for me by a
Small Firm Business article called
Small Firms Think Big When It Comes to Clients. The piece gives me a very nice nod for the client service I provide to
Equinox Fitness Clubs. But it features (with a photo no less) my former law partner Larry Rosen, now of Rosen Weinhaus in New York. Along with
Corey Kupfer, Larry and I partnered in a successful Wall Street practice for five years. Although we all decided to go our separate ways - and naturally experienced some tensions during the dissolution – we’ve kept our business and personal ties intact. In fact, Equinox initially contacted me about handling its trademark work on Larry’s recommendation.
Posted by Arnie Herz on July 28, 2007
It’s time for the quarterly vetting of my
blog hopper – the file where I keep articles, notes and ideas for future blog posts.
Weighing in on
business relationships is:
David Maister, who advises us to
Build Relationship Plans Not Sales Plans. He says that companies too often confuse sales activities like CRM and cross-selling with relationship initiatives, which are designed to earn, build and deepen an asset - the client (customer or consumer) relationship.
Carolyn Elefant, who takes a two-pronged look at
Building Relationships as a Way to Market and
Building Relationships to Build Business. Using my post on
intimacy and lawyer-client relationships as a launching point, she highlights an ongoing blogger dialog about growing business relationships through social networking sites such as
facebook and
Linkedin.
Alexander Kjerulf, who shows us how a sincere, timely and “homespun”
apology can fix damaged business relationships.
Addressing
workplace issues are articles on:
The emergent
midsize firm trend of hiring development directors to address associate retention and attrition.
The growing number of l
awyers deciding to leave law firms to go in-house.
Steps firms can take to understand and
stem associate attrition (hat tip to
Counsel to Counsel).
The generational divide that needs to be bridged
When Whippersnappers and Geezers Collide in today’s law firms.
Lending insight into
embracing change in and outside of the legal profession is:
An overview of
Three Principles of Change from
The Practice of Leadership. My favorite of the trio is the simple, but profound:
In the realm of human activity, things change only after they are accepted for what they are.
Jim Hassett’s overview of
Harvard Law School’s reaction to changes in the profession.
Topping off the hopper’s contents is some
lighter fare in the form of:
Eric J. Heels’ terrific depiction of
what’s wrong with law school education (tipped by
Ernie the Attorney).
A brilliant court decision resolving a
dispute about lawyers who lunch (pdf).
Award winning journalist
Judy Martin’s recent
Work/Life Monitor Podcast in which we discuss my views on cultivating work-life synergy in the law.
Posted by Arnie Herz on July 23, 2007
My wife, Lori, and I just returned from a trip to
Jackson Hole, Wyoming. I was there to deliver a program with business relationship expert
Keith Ferrazzi of
Ferrazzi Greenlight.
This is a breathtaking part of our country – the natural beauty of
Grand Teton and
Yellowstone are not to be missed. I visited both as a teenager, but it was a whole new experience for me this time around. The trip also offered some great vistas on the underpinnings of successful client relationships in the law.
On our way out to Wyoming, I had the pleasure of meeting a United flight attendant named Brian Van Buren. As we boarded the plane in New York, Brian greeted us with a big hello and hearty laugh. I could tell this was a genuine introduction to a very warm and approachable person. During the in-flight service, we started talking. In the ensuing few hours, as he helped and joked with my fellow passengers, Brian returned to me at intervals. I learned that he wears many hats – among them, flight attendant, minister and hospice volunteer. He started his volunteer work after his wife died. We spoke about his passion for all aspects of his work in the world, about his personal challenges and triumphs, and about the nature of death and dying in our country. By the time we got off the plane in Denver, I felt a bond with Brian that went beyond the typical customer-service provider connection.
What forged this bond was
intimacy.
As I’ve noted before, and as Keith Ferrazzi points out in his bestselling book,
Never Eat Alone, many people shy away from the idea that
intimacy is key to successful business relationships. By intimacy I’m referring to a willingness to get to know the human being behind the issue or need that comes across our desk (or the airplane call button). It’s basically the same kind of intimacy that fuels healthy connections to family and friends. Many lawyers find it hard to drop the mantle of authority and really get to know their clients as human beings who have fears, hopes and challenges. But, this kind of sincere human-to-human exchange is what compels prospects to become clients and compels clients to stay with us and refer us more business.
I revisited this same lesson during my stay at the terrific
Snake River Lodge and Spa. The valet attendants went well beyond their job parameters to provide me and Lori with some great tips on area sites and dining. One young man, Ben, took it even a step further. When we returned the car to him after an outing, he followed up on his recommendation by asking how it played out for us. His
focus on enhancing our experience made him and his service stand out.
Posted by Arnie Herz on May 31, 2007
I’ve previously written about
lawyers weighing fit over prestige when deciding where to work. I’ve also noted how
law firms are taking steps to screen out would-be associates who don’t mesh with their culture and business model. The launch of multiple initiatives evinces that law students are also focused on finding fitness, or
mutuality, in the lawyer-law firm relationship.
A couple of months ago, I
posted about
Ms. JD, an online community “serving women in law school and the legal profession.” More recently, a dialog has generated around a group of students from top tier law schools who have banded together as
Law Students Building a Better Legal Profession. The group states that it’s concerned about the legal profession’s future and recognizes “that law students have become part of the problem by focusing on paychecks and bonuses, while avoiding the tough questions about the conditions of working lives and associate satisfaction.” Willing to sacrifice higher pay for a better work life, the group’s members seek law firm reforms to ensure that “practicing law does not mean giving up a commitment to family, community, and dedicated service to clients.”
That group and its objectives have met with some scrutiny and criticism, as evidenced by the comments thread following this
WSJ.com story titled
You Say You Want a Big-Law Revolution. Calling the group
Pontificating Outside Observers (or POOs), Blogger Stephanie West Allen questions whether its members have the right or reason to challenge the state of the legal profession when they have yet to experience it first hand.
But law students aren’t the only “outsiders” or eyewitnesses questioning the profession’s status quo. According to a recent post at the
Legal Writing Prof Blog, the
Association of American Law Schools has added a new section called
Balance in Legal Education to its roster. Championed by
Professor Larry Krieger of Florida State University School of Law, the group is dedicated to “advocating for a more balanced approach to both legal education and law practice."
Posted by Arnie Herz on May 23, 2007
In recent posts, I’ve questioned what will drive change in law firm culture and whether law firms can change to meet lawyer-user demand. With the imminent wave of Baby Boomer retirements, it’s time for law firms to innovate – to adapt their business environment, model and practices to meet the needs and demands of the young associates who support firm leaders today and who will (hopefully) become firm leaders in the future.
When I consider the word innovation, I usually think of change, adaptation and invention. These three words are definitely hallmarks of entrepreneurship and the kind of business savvy detailed in this article on the new fleet of New York City taxi cabs. They also connote the sense of spirit, resilience and open opportunity captured in this inspiring video clip flagged by Kevin Eikenberry.
Most practitioners and outside observers wouldn’t connect these words or the related sense of spirit with the mainstream legal profession. But, there’s a lot of innovation afoot in the law. As I announced a few months ago, the College of Law Practice Management is an organization dedicated to highlighting change, adaptation and invention in law practices around the world. It sponsors the InnovAction Awards as part of its “worldwide search for lawyers, law firms, and other deliverers of legal services who are currently engaged in some extraordinary innovative efforts.”
The award application deadline is June 1, 2007. The winners will be presented on September 8, 2007 at the College’s annual meeting in Philadelphia, PA. For more information on the award and entry requirements, visit InnovAction here.
Posted by Arnie Herz on May 20, 2007
Last week, Jonathan D. Frieden, Jim Hassett, Peter Marx and I presented a panel on blogs for the Law Firm Growth Management Conference held at New York’s Harvard Club. Over at his blog, Jonathan has a very nice synopsis of the points we covered . One topic that really struck a chord with me was how blogging might benefit large law firms. I suggested that there are many benefits to practice group blogs written by younger associates and supervised by partners, such as:
- Creating visibility for the group and establishing its expertise
- Keeping group members current on recent developments in their practice area
- Fostering group camaraderie and communication
- Giving young attorneys an avenue for sharing their voice, skills and wisdom (a nice counterpoint to trudging away anonymously on research, document review, contract drafting and the like)
Looking at this list, it’s fair to say that practice group blogs can do a lot to nurture the partner-associate business relationship and to foster meaningful connections between young – and often marginalized and disengaged – lawyers and their firms. By giving their associates (and, perhaps, summer associates) group blogging responsibilities, firms send a strong and clear message that they recognize the importance of keeping new lawyers engaged and challenged. The young lawyers, in turn, feel valuable and more integral to their practice group’s and firm’s successes.
For more insight into the topic of law firm blogging, check out these posts from Ron Friedmann, Steve Matthews and Kevin O’Keefe here and here.
Posted by Arnie Herz on March 26, 2007
Last week, over at the motto blog, contributor Curt Rosengren wrote about a new, albeit small, study addressing what people are looking for in their next job. The survey found that the respondents didn’t consider a “move up the career ladder” a top priority. Instead, they put a premium on finding work that “challenges and stimulates them," satisfies their personal values and fits their lifestyle.
The survey’s findings aren’t surprising. They’re likely a sampling of a larger trend that’s emerging with the rise of the dual-centric workforce. As I’ve discussed here before, more and more lawyers are hungry for work that inspires, energizes and fulfills them. To sate that hunger, they’re willing to leave the security of law firm life and ride the job circuit to find a place and position that’s the right fit for them.
There are some law firms and businesses that have put themselves on the leading edge of legal service innovation by recognizing the trend depicted in the survey’s results.
One of these innovators is Axiom Legal, a law firm that’s built a thriving business and earned a stellar reputation by hiring top-notch big firm alumni and matching them with corporate clients on an as-needed basis. I had the pleasure of meeting with Axiom CEO Mark Harris a few weeks ago and came away very impressed with his business model and clear vision of what it means to be a happy, healthy and satisfied lawyer.
Posted by Arnie Herz on March 22, 2007
My recent posts about narcissism and self-awareness in the practice of law prompted a friend of mine to question the boundary between the two concepts.
This is a great question.
I’m not a therapist, won’t pose as one and certainly can’t give a clinical definition. But, I’ll share my layman’s take on the answer.
As I’ve noted here before, many people resist the notion of self-reflection and self-expression as vital business skills because it raises the specter of the robber barons of yesterday (and today) – people often pejoratively described as Self-Absorbed; Selfish; Self-Centered; and Self–Aggrandizing. While I understand why they make this connection, I believe it’s a faulty one. There’s a big difference between being a complete narcissist and infusing a healthy sense of self (an amalgam of our needs, wants, interests and values) into our work and workplace relationships.
People certainly can take self-awareness and self-expression to an unhealthy extreme such as narcissism. When they do, there’s no room for anyone else. There’s no give and take. So, there’s little to no chance of creating mutually rewarding and lasting relationships in business or elsewhere. But, the same poor odds hold when we try to cultivate business connections without putting our self into the mix. As I’ve also previously asserted, business relationships are as much about valuing and evincing our selves as they are about reaching and helping others. Both aspects (self and other) need to be expressed and honored to foster lasting connections for business success and satisfaction.
Highlighting this last point is a mediate.com article by Trime Persinger titled What Do You Want? In it, Persinger looks at self-expression as an important, but unsung, relationship skill. Noting that our “parents, our peers, and our culture have taught us that it is selfish to ask for what we want,” she discusses why we shouldn't heed that lesson and offers guidance on asking for what we want from others.
Posted by Arnie Herz on March 13, 2007
In my last post, I noted that self-knowledge is one aspect of the emotional intelligence (EQ) that’s integral to our success in the law. I’ve previously discussed why I consider self-awareness and self-expression elemental to effective lawyering. To forge lasting and rewarding relationships with others – clients, prospects or coworkers – we first have to meaningfully connect (or re-connect) with ourselves.
Through posts from Stephanie West Allen and Susan Cartier Liebel, I learned that a recent Harvard Business Review article on authentic leadership (order page) identifies self-awareness as “the most important capability for leaders to develop.”
Although she doesn't dispute this finding, West Allen does suggest that self-awareness may be a lofty goal because it's "elusive of definition and difficult to achieve."
I agree that self-knowledge is not easy to come by. It takes time to undertake this kind of inquiry. But, with persistence and some guidance, I think that self-awareness is something that most of us can gain to the benefit of ourselves and our business and personal relationships.
For people who resist the idea of isolated introspection, it’s reassuring to know that we can learn a lot about ourselves by interacting with people (clients, coworkers, friends and family) and engaging in activities (work assignments, business development, recreation and community events). By noting who and what regularly makes us feel energized and positive as opposed to depleted and negative, we get a solid idea of what we need from the practice of law and in life. Identifying our own needs in this way is a core component of self-awareness.
Posted by Arnie Herz on February 15, 2007
During the summer, I wrote a post about
affinity groups – workplace groups typically formed as part of larger diversity efforts to connect lawyers around such common denominators as race, ethnicity, gender and sexual orientation. I suggested that firms seeking to curb lawyer attrition and build
esprit de corps could take the concept a bit further and sponsor affinity groups around a host of shared interests like books, sports, travel and music.
By acknowledging and fostering these connecting points between employees of all levels, firms would send the potent message that they see and care about
the humans behind the titles and roles they play at work. And lawyers would gain a sense of visibility and value that comes from being able to express and explore their outside interests on-the-job.
Firms could also import the affinity group concept into their organizational learning initiatives. Lawyers in need of better business development, communication and leadership skills might respond more quickly and favorably to a learning system that reflects and draws on their shared interests.
To spark the formation of interest-oriented affinity groups, firms could create an online and/or offline space where lawyers could access and share content akin to this
Fast Company article on
12 must-listen-to podcasts for creative knowledge workers. The podcast coverage includes art history, blues music, museum artifacts and culinary arts.
Posted by Arnie Herz on February 13, 2007
Over the years, I’ve regularly posted on three related topics:
All three distill down to a core element of mutually-beneficial relationships. Regardless of the nature of the relationship -- co-workers; employer-employee; leader-team member; or service provider-client – this mutuality derives from identifying, openly acknowledging and acting on our own, and one another’s, needs, interests and strengths.
Over at her excellent blog, Management Craft, Lisa Haneberg points us to her recent fireside chat (a/k/a podcast) with speaker and best-selling author Marcus Buckingham. As I’ve noted before, Buckingham is an authority on how people can play to their strengths in the workplace. In this podcast, he “shares several stories and suggestions that can help everyone enjoy their work more fully while benefiting the organization in a deeper way.”
As I listened to it, what stood out for me was Buckingham’s finding that, today, less than 2 out of 10 Americans believe they employ their strengths in the workplace most of the time. This is despite the popular company refrain that “our people are our greatest asset.”
Buckingham proposes a solution. He says that it all boils down to you and me (that is, the onus is not on the organization or its leaders). We are the experts on our own strengths and weaknesses. Strengths are activities that invigorate us and weaknesses are activities that deplete us. According to Buckingham -- and it makes total sense -- we can be really good at lots of different activities; but we need to be honest about how they make us feel before declaring them strengths.
So, if we want to work in strengths-based businesses, teams and relationships; each of us needs to discover our strengths and then see if and how we can engage them through our work. Buckingham has a new book coming out in March that will help us identify or strengths and put them to work.
Posted by Arnie Herz on February 9, 2007
Over the summer, I wrote a post about lawyers as user-innovators. Reiterating my beliefs about the genesis of law firm evangelism, I noted that, in many ways, lawyers are the first-line consumers of their firm’s brand and business cultures. I then asked: What would law firms look like if they considered their lawyers a potential community of user-innovators and actively nurtured that potential? What positive shifts in the firm’s environment, service model, and employee commitment and morale would result?
Kathy Sierra of Creating Passionate Users helps answer this question in a post titled Don’t ask employees to be passionate about the company! Sierra suggests that firms don’t need lawyers who are passionate about the firms they work for. They need lawyers “with a passion for the work they’re doing.” Accordingly, firms should “act like a good user interface (UI)”: They should make it easy for people to do the work that they’re passionate about and then let them run without interference.
As for client relationships, Sierra points out that “caring about the user” and their positive experience is part and parcel of being passionate about our work. So, employees are happy and engaged. Clients are happy and engaged. And the firms? According to Sierra, it’s a win-win-win proposition because, by “letting employees express the passion they have for their work [firms] end up with employees who'd never consider going elsewhere.”
For more insight into tapping the lawyer evangelist in you and your firm, join me and eight other presenters (including bloggers Larry Bodine, Ed Poll and Gerry Riskin) live on the afternoons of March 26 – 30, 2007 for The First Annual Lawyer Mastery World Wide Tele-Summit. During the 5-day, 10-hour event, you’ll learn breakthrough ideas, innovations and discoveries that will help you get the most out of your career, your business and your life in the law.
I’m giving a program on XE Factor: Relationship Skills for Success. The Summit kicks off with a powerful 90-minute panel session during which all nine program presenters will discuss their vision of the legal profession and law firm of the future. I hope you’ll join us.
Posted by Arnie Herz on January 12, 2007
I recently read a pair of interesting posts by Michelle Golden and Charles H. Green outlining why they object to the use of the terms “trust” and “trusted advisor” in professional firm marketing materials.
Green - who co-authored the terrific book, The Trusted Advisor, and runs seminars on the same subject – got the discussion rolling by remarking that professionals shouldn’t affirmatively proclaim their status as, or intent to be, trusted advisors to clients. Why? Because trust is “an outcome, not a come-on.” Echoing Green’s suggestion that it’s really up to clients to pronounce us trust-worthy, Golden adds that “trusted advisor” is used so often in promotional channels that “it’s now cliché.”
Green and Golden make valid points. But, I have a slightly different take.
Trust has become a key concept - and key word - in the service professions for very good reasons. We live in a world where people often don’t live up to their promises. Most legal disputes, in essence, concern a breakdown in trust. So, as professionals, we need to be vigilant about the role of trust in legal matters and be sensitive to not setting up false client expectations of our services.
That said, if we’re sincere and determined in our desire to foster trust-based client connections (really, the only kind of client connections there should be), there’s nothing wrong with letting the world in on our authentic intention. People seeking legal counsel – most likely operating under a trust deficit - will only benefit from our candor about placing a premium on trust.
To be sure, we don’t need to use the words “trust” or “trusted advisor” to convey our offerings (although I see nothing wrong with using them). There’s lots of ways to let clients and prospects know that we’re committed to cultivating trust-filled, meaningful and mutually beneficial relationships with them.
Regardless of the words we choose to state our commitment to trust, as Golden and Green suggest, this can’t be an empty promise. We have to team our public words with consistent, professional and personal action. As the very cliché phrase goes: We need to walk our talk.
Posted by Arnie Herz on December 29, 2006
By now, many of us have heard and read the buzz about Time Magazine naming the denizens, creators and consumers of “the new digital democracy” – namely, me and you – its Person of the Year.
Anyone who frequents this blog knows how thrilled I am to have this forum for sharing my views and filtering information on optimizing the practice of law.
Although I blog for my own enjoyment and outlet, it’s always great to hear from readers that one of my posts sparked a meaningful conversation or contemplation. So, naturally, I was very pleased to learn that legal sanity has won this year’s Blawg Review Award for the Best Mentoring Law Blog. Thanks very much for the honor and recognition.
What I appreciate most about blogging is the opportunity it provides to raise awareness about our ability to, as Mahatma Ghandi so beautifully suggested, “be the change” we want to see in the legal profession.
This is a message that redounds through the Time cover story about the online world of citizen journalists and change agents. It’s also a core message running through a post on citizen marketers from the Church of the Customer Blog and a recent BusinessWeek article called True Believers. They discuss customer evangelists who are so passionate about a product, service or company, that they volunatrily “generate media” about it – shouting its praises (or sins) from the virtual rooftops.
Over the summer, in a post titled lawyers as user-innovators, I wrote about the power of this evangelical force that’s readily available for law firms to acknowledge and tap. I also noted that many lawyers are embracing the role of the citizen-innovator and coming together in communities – such as the blogosphere - in which they openly share ideas on legal service innovation.
On January 9, 2007, I’m giving a free teleseminar called XE Factor: Creating Work-Life Synergy. The program’s hosted by Lisa Solomon’s Legal Research and Writing Pro. I hope you’ll join me. You can register and get additional information here.
I wish you all a very Happy New Year!
Posted by Arnie Herz on December 20, 2006
In a post about
the new legal marketplace, I said that a “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.” Our clients are seeking meaningful connection to the experiences, goods and services they consume. Lawyers are no different. We’re engaging the emerging
culture of meaning as service providers
and as consumers. And, on the consumer side, more and more of us are looking for meaningful jobs and work assignments.
I’ve previously discussed the ingredients of meaningful work. One of the main ones is play.
Work that’s infused with a good measure of play is more enriching for many of us than play-free pursuits. Echoing this point is a
Fast Company article called
The Future of Work. In it,
Richard Watson notes that work life is changing as we move from the second industrial revolution --
the information revolution -- to a third industrial revolution that involves a “shift from left to right-brain economic production.” According to Watson, “child-like receptivity and cognitive flexibility” as well as “playfulness” may be prevailing, adaptive traits in this new economy characterized by rapid change, flux and uncertainty.
The intersection of work and play is also the focus of a terrific blog that I’ve pointed to several times before:
Bailey Work Play :: The Alchemy of Soulful Work. Its publisher,
Chris Bailey, has culled a lot of great information on the subject and candidly shares snapshots of his quest to help himself and others “integrate the principles of the soulful workplace, leadership, and relationships into day-to-day business practices.”
Additional insight into steps we can take to bring a sense of play into our law work can be found in a
Small Firm Business feature about
bringing more ease to our facial expressions. Stating that many lawyers walk around all day with “a sour look that puts off our colleagues and clients,” the piece suggests that we consider smiling more because it connects us to our clients and builds relationships.
Posted by Arnie Herz on December 11, 2006
It’s that “most wonderful time of year” again. As people clamor to find just the right gift for that special someone, the debate about the commoditization of the season rages on. Is it the meaning or the money that’s at the heart of the holidays?
While this question comes into sharp focus at this time -- intensifying in pitch as we contemplate our life’s course for the New Year -- it’s really a query that pertains to many aspects of our lives that we experience year round.
In a thought-provoking post over at Brand Autopsy, John Moore asks: “Does money matter more or does meaning matter more when hiring and retaining employees?” Drawing on his experience working for two values-based companies, Moore observes that people often trade in a higher salary so they can “leave a company they [don't] believe in to join a company they [do] believe in.” But, once they become “weathered and tenured employees,” making meaning alone becomes an insufficient reward. They also desire a paycheck that adequately reflects their experience and worth.
So, it seems, meaning and money are both strong business forces. In the law’s private sector, however, it’s typically the lure of big money that gets newly minted practitioners through a firm’s door. Then, once these lawyers become “weathered and tenured,” they find themselves ready and willing to sacrifice their high salaries for more meaningful work in the law or elsewhere.
I’ve previously talked about the ways law firms might acknowledge and honor this money-meaning interplay. Lending some more insight into the subject is a fascinating BusinessWeek online article called Smashing the Clock [hat tip to Pamela Slim].
It profiles Best Buy’s latest experiment in revamping its hardcore workplace culture. According to the piece, the initiative – named ROWE, for results-only work environment – aims “to demolish decades-old business dogma that equates physical presence with productivity.” Now, headquarter employees “are free to work wherever they want, whenever they want, as long as they get their work done.”
Perhaps the most inspiring part of this endeavor to infuse work with more meaning is that it started from the bottom up. It is “an idea born and nurtured by a handful of passionate employees” responding to a company that – like many law firms – has a history of being heavily afflicted by “stress, burnout, and high turnover.”
Posted by Arnie Herz on November 15, 2006
About six months ago, I discussed the
new rules of engagement in the law. The post culled insights into the importance of looking beyond the mantle of people’s titles and roles at work to connect with the humans – and human needs, concerns and hopes – underneath.
Fostering this human-to-human skill set is a key part of any successful
law firm employee engagement campaign.
I just came across a couple of blog posts mirroring this point. The first, titled
See the Person Not the Role describes how
Anna Farmery discovered the “awesome” skills and ambition of some of her former co-workers during an off-the-clock birthday party. Her experience led to this observation: talent often goes undiscovered and unacknowledged in a firm because leaders “do not ask, do not listen, [and] do not see past the tag of the job title.”
The second post, called
Benefits, hails from the always-interesting
Brains on Fire blog and represents the flip side of the engagement coin – how companies find “unique and authentic ways to appreciate their employees.” Citing an article about notable
benefits some businesses offer their workers, the post concludes by stating: “taking the extra step to show your appreciation in a way that is true to the values that the company hopes to foster and share with its employees… that’s when you create authentic internal advocates [a/k/a
employee evangelists] … and something truly special can be built.”
Posted by Arnie Herz on November 8, 2006
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.
Posted by Arnie Herz on October 26, 2006
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.
Posted by Arnie Herz on October 16, 2006
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.
Posted by Arnie Herz on October 6, 2006
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.
Posted by Arnie Herz on October 3, 2006
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).
Posted by Arnie Herz on September 18, 2006
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.
Posted by Arnie Herz on September 6, 2006
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.
Posted by Arnie Herz on August 7, 2006
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.
Posted by Arnie Herz on July 28, 2006
I’ve been happily immersed in a flurry of articles on user innovation. My regular visits to Harvard Business School’s Working Knowledge lead me to a great Q & A piece titled How Kayak Users Built a New Industry. In it, Harvard professor Carliss Baldwin discusses her recent study of the rodeo kayak industry that showed how user innovations become commercial products (pdf). According to Baldwin, many product innovations originate with a user who “opens up a new ‘design space’” by doing something different with a product that’s “exciting to other users.” This initial change compels those other users to “look for ways to improve on the original innovation.” In this way, the design space grows to include a community of co-innovators in which “improvements to the basic innovation are freely shared, tested, and pushed forward.”
The business wisdom of embracing and encouraging the citizen-innovator is conveyed in a Wired Magazine article called Geeks in Toyland [tipped by The Power of Influence blog]. The piece chronicles a decision by the Lego Group to enlist the aid of its user community in upgrading the popular Mindstorms robot kit. The main user-innovators worked in secrecy on the project for 11 months, compensated only by their love of the product and “a few Lego crane sets and Mindstorms NXT prototypes.” Notably, the article winds down with a reference to MIT professor Eric von Hippel, a scholar who worked with Carliss Baldwin on the rodeo kayak study and wrote the book Democratizing Innovation.
After consuming this information, I asked myself who are law firm users? Clients, to be sure. But, lawyers are users, too. In fact, in many ways, they’re the first-line consumers of the firm’s brand and business cultures. This is a belief I’ve expressed before in posts on law firm evangelism. And it begets a related query: what would law firms look like if they considered their lawyers a potential community of user-innovators and actively nurtured that potential? What positive shifts in the firm’s environment, service model, and employee commitment and morale would result? Stated differently: to what extent do law firms damage themselves by ignoring or supressing their resident lawyer-mods?
It seems that, even without their firms’ nod, many lawyers are embracing the role of the citizen-innovator and are coming together in communities – such as the blogosphere - in which they openly share their inspiring ideas on legal service innovation. Eventually, some of these innovators will leave their firms to market their ideas as solutions to the legal profession’s long-standing problems. They might even become industry leaders in the not-too-distant future. One such innovator to watch is Exemplar Law Partners, LLC, which offers us a glimpse of its cutting-edge work at the blog, inside the firm of the future.
Posted by Arnie Herz on July 26, 2006
A topic I’ve regularly visited here is the power of apology as an aid to dispute resolution; legal service delivery; and business assessment.
The National Law Journal (by way of law.com) provides us with updated coverage on the subject in an article called Emerging Med-Mal Strategy: ‘I’m Sorry.' The piece reacquaints us with the full disclosure/early offer policies that are taking a foothold in the medical liability world. Grounded in the efforts of The Sorry Works! Coalition, these policies - and the programs they beget in hospitals across the country – aim to facilitate communication and early settlement in cases of medical mistake.
Under the program model, affected families come away with an understanding of “what happened to them or a family member while in a health provider's care." In some instances, they receive a doctor’s apology for the error.
Lawyers praise the programs for fostering an “open exchange of information, particularly between experienced counsel, that enables the early settlement of meritorious claims.” Other proponents point out that, in practice, the policies tend to elicit more transparent, honest and open exchange than up front apologies. They also stress that, in institutions enforcing such policy programs, “straight talk about mistakes and compensation offers” coexists with an equally “vigorous defense of cases in which [the institution] believes no mistake” was made.
The potential reach of these kinds of conflict resolution initiatives – favoring open and honest exchange between would-be litigants – is enormous. It will be interesting to see how the model evolves in the medical dispute context and is adapted to serve the larger legal industry.
Posted by Arnie Herz on July 17, 2006
In my recent post on
fueling lawyer happiness, I discussed the
XE Factor - a teaching model of human energy exchange I devised to help lawyers and other service professionals I work with 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.
As he’s done
before, blogger and
passion catalyst Curt Rosengren again highlights the importance of understanding this dynamic of human energy depletion, conservation and generation. In a post on
Energy catalysts he observes: “People who feel vibrant and alive because they're doing what they're meant to be doing are inherently energizing to be around.” Rosengren dubs these people
energy catalysts. On the flipside are the
energy sappers [also known as
energy vampires]. These “people who are dissatisfied with where their lives are taking them can be a drain, sucking the energy out of their surroundings” and the folks they interact with.
Most of us go through the day without considering our own energy state. We know that we’re feeling put off, tired, overwhelmed and disheartened, but we don’t attribute those feelings to impaired energy. In a new
Fast Company article called
Is Your Boss Killing You? we learn more about the great havoc wreaked by workplace energy sappers. The piece leads off by citing study findings suggesting that “caustic, abrasive, and overbearing bosses just might be taking years off their employees' lives.” It goes on to offer expert views on ways people can avoid or re-route this energetic drain, such as “looking at pictures of their families, visualizing a beautiful vacation spot, or even trying to imagine a problematic situation as comical rather than stressful.”
Additional insight into personal energy management comes from an article in the July 2006
Law Practice Today titled
Meet the Most Powerful Stress Manager: Your Heart. In it, Kim Allen and Bruce Cryer of
HeartMath LLC outline the heart’s role in creating and maintaining a positive energy flow in the human mind and body.
Posted by Arnie Herz on July 13, 2006
I’ve previously set out my views on self-expression as a vital business skill. I recently came across a post by Ernie the Attorney that touched on this topic. In it, Ernest Svenson takes a frank look at his penchant for self-revelation as a blogger (although I suspect that penchant carries over to other sectors of his life). Among the reasons he proffers for his openness is this one: “I believe that if you are open with people they are more likely to open up too.”
The mutual understanding and connection that Svenson seeks to cultivate via his self-reflection and revelation is something I also strive to forge in my business relationships. That’s because I’ve seen time and again how people engage and energize one another through this dual exchange of self-currency.
A great example of self-expression as a powerful connector can be found in an inspiring post from Dan Hull celebrating the 20th anniversary of the day he quit drinking. Now, Dan always has something interesting to say through his blog, What About Clients? But, imbued with the power of story and self-reflection, this post proves particularly impactful and memorable. We take a heart-felt ride as Dan recounts how “lots of people, including adventuresome fire-breathing trial lawyers with one dash of the wrong DNA, do finally give up booze so they can tap into and use the gifts they have, and grow.”
Posted by Arnie Herz on July 7, 2006
It’s widely reported that a workforce favoring idealism and work-life synergy (pdf) is taking up residence in the legal profession and affiliated industries. Because of this population shift, law firms with an authentic culture in which employees feel connected to the larger organization and to each other by deeply held values, standards and principles will likely gain a competitive edge with workers and clients alike.
While the task of fostering a genuinely engaging business culture may seem daunting to some firms, there’s ample empirical evidence that it’s a smart and effective business strategy. As blogger-author John Moore observes in a recent post on competitors’ ill-fated attempts at Mimicking Whole Foods Market: “It’s the people that matter more in creating a brand than do products or programs.” Moore then states: “WFM understands the power of a knowledgeable, caring, and passionate workforce in creating highly satisfied customers. They’ve created a company culture which connects with their team members (employees) and they in turn, pass that connection onto WFM shoppers.”
Similar proof is offered in a post on the ROI of Employee Engagement from the Be Excellent blog. It cites a recent study evincing that “a well-substantiated relationship exists between employee engagement - the extent to which employees are committed, believe in the values of the company, feel pride in working for their employer, and are motivated to go the extra mile - and business results.” Among the statistics the post culls from the study is this impactful one: “High engagement companies improved 19.2 per cent while low engagement companies declined 32.7 per cent in operating income over the study period.”
Beyond reasoning by anaology from the outside business world, law firms can look to one of their own to glean the importance of enhancing the lawyer experience [what I refer to as Lawyer Experience Management (LEM)]. In a candid article featured at lawjobs.com, midsize firm Steefel shares the remedial steps it's taking in the face of marked lawyer turnover. Notably, a “renewed emphasis on mentoring” is central to its efforts to make the firm “more attractive to lawyers and clients at a time when both are gravitating toward national firms.”
Posted by Arnie Herz on July 2, 2006
When I consider
An Inconvenient Truth - the new documentary account of the dangers of global warming - and the current energy deficit in our country, it strikes me that the depleted state of the natural world mirrors the depletion and need for renewal that many lawyers experience today.
In my work, I often talk to clients about their energy state. I ask them to consider how a particular dispute, issue, interaction or job impacts them on an energetic level. Is it filling or depleting their energy stores? Does it make them feel upbeat, positive and excited or bring them stress, anger, resentment or even physical illness? When we gauge situations and people we encounter at work and elsewhere by this yardstick – which I call the
XE [energy exchange] Factor – we close in on a better understanding of why we come away from exchanges feeling fueled or exhausted.
Over at
The Occupational Adventure, Curt Rosengren has written a great post along these lines called
Feed the positive & eliminate the toxic. He says: “Every day we’re surrounded by inputs that either feed our energy or drain it. And for the most part we don’t spend all that much time managing those inputs.’’ To help us become better energy conservationists and builders, Rosengren makes the following suggestion: “Sit down and make a three-columned list. In the first column, make a list of all the things in your life that feed your positive energy. In the second column, make a list of the things that drain it. In the third, make a list of things you could build into your life to ‘feed your mind with material of hope and possibility.’"
For some insight into how other practitioners have (re)energized their lives in the law, you can read a 2001
ABA Journal article by Jenny B. Davis titled
Life In Question: How Five Lawyers Worked Out Answers of Their Own and its 2006 follow-up,
Life In Question … Continued. The articles profile lawyers who reached personal and professional turning points that compelled them to “question their own choices or the direction of their own lives.”
The important message that we’re our own first line of defense in protecting our personal energy level is embedded in a
csmonitor.com commentary by Jeffrey Shaffer called
July 4 is for fireworks; every day is ‘personal independence’ day. In it, Shaffer points out that “challenges to our personal independence” – to those values, concepts and rules of self-conduct that inform our integrity – often arise during exchanges “with friends and fellow citizens.”
Finally, you’ll find more inspiration on fueling personal happiness at
The Happiness Project [hat tip
Curt Rosengren] a blog by author and former lawyer
Gretchen Rubin. And this week’s
Coast to Coast podcast by bloggers
J. Craig Williams and
Robert Ambrogi features
The Fun Side of Lawyers.
Posted by Arnie Herz on June 19, 2006
This has been a great time of transition in my family. My son had his pre-k “gradulation” last week and my eldest daughter officially moves up from elementary to middle school tomorrow. Both kids are understandably nervous about the changes that await them. They similarly express that they hope they’ll be able to find and befriend other children who share their interests. This interest-based camaraderie seems key to their sense of security and happiness in their new school life.
A conversation I recently had with a lawyer acquaintance of mine reminded me that adults also thrive on such interest-based connections. He asked me what I thought of
affinity groups like the ones his Biglaw firm has formed and promoted to connect lawyers around such common denominators as race, ethnicity, gender and sexual orientation.
In the ensuing conversation, I explained that lawyers regularly tell me that they feel isolated and lonely although they’re surrounded by hundreds of co-workers every day. They attribute their sense of isolation to, among other things, the competitive nature of the business and long working hours. This loneliness – this lack of
esprit de corps – is one of the primary causes of the rampant
lawyer attrition plaguing firms today.
While many firms embrace affinity groups as a key component of their diversity initiatives, such groups can be formed around a multitude of shared interests – like books, sports, travel and music. Regardless of their focus, they hold great potential for fostering the kind of employee bonds that compel career contentment and thwart attrition.
For an interesting look at how businesses can avert disintegration and sustain themselves by recognizing and promoting shared interests, check out this fascinating
New Yorker article by
Malcolm Gladwell called
The Cellular Church.
Posted by Arnie Herz on June 12, 2006
A little while back, I pointed to a thought-provoking post on The culture of dissatisfaction in which author and blogger Seth Godin views the epidemic discontent in our country (and beyond) through the lens of Las Vegas culture. Contemplating his message, I wrote: “Somewhere along the line, many of us lose sight of our own greatness and aptitudes. We forget what fulfills us – that is, what sparks and supports our curiosity, interests and desires. It’s this disconnect of self from self that’s at the heart of the individual and societal depletion Godin depicts” [emphasis added].
In a related post, I voiced some insight I’ve gained time and again from lawyers in my training and development programs. These practitioners recognize and deeply feel their own career malaise and understand that it’s rooted in the kind of self-sacrifice described above. Yet, they still balk at my notion of self-reflection and self-expression as vital business and life skills.
Keenly aware of the perils of self-less lawyering, I’m very happy to see that Tom Mighell currently features [Self] Improvement Sites in The Strongest Links column he writes for Law Practice Today. I’m also very happy to note that he includes legal sanity in this collection of ten sites that “will definitely help you with something, whether it's getting your job done faster, de-stressing from the hassles of the day, or taking a vacation.”
For another view of the journey to finding our selves in our work, check out this Worthwhile post called When Your Bliss Meets the Abyss. We can also gain some self-understanding by accepting David Maister’s invitation to rate our “demonstrated track record on building mutually beneficial, mutually supportive relationships” via this questionnaire on Relationship Strength.
Posted by Arnie Herz on June 6, 2006
There’s an interesting post over at Managers Realm [as tipped by the Be Excellent blog] discussing the nexus between leading and serving. According to its author, Gary Bourgeault, the guiding tenet of “true leaders and great managers” is this: “You're not to think of yourself as over people but rather their servants.”
Bourgeault cites some major historical precedent for approaching leadership with the mindset of a servant. And he concludes with this timeless observation: “It's shocking for those who get this, to see how they draw more from the wells of water deep within their people, than those who have to battle, fight, threaten and bully to get what is needed to be done accomplished.”
Reading Bourgeault’s words, I couldn’t help but ponder 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. To really embrace the role of a servant, they would also have to embrace the kind of business intimacy that lawyers typically eschew.
This is not my first exposure to this topic. My longtime friend, author and speaker Shar McBee, teaches business managers and leaders around the globe about making the connection between leading and serving. You can read more about her work and books at her official site, To Lead Is To Serve.
While I’m on the topic of leadership, I’d like to note that Mark Beese’s terrific blog, Leadership for Lawyers, is now on the roster of Law.com affiliate blogs. Welcome, Mark.
Posted by Arnie Herz on June 1, 2006
When we moved to the suburbs several years ago, my wife decided to cultivate a chemical-free lawn. Organic landscaping fits our lifestyle and values, but the resulting clover-and-weed-laden expanse doesn’t mesh well with the neighbors’ perfectly manicured greens. What works for us doesn’t seem to suit our surroundings. There’s a mis-fit in lawn aesthetic that we (and our understanding neighbors) have made peace with.
The concept of fit is something I think about quite a bit. It’s figured prominently in my professional life, as I’ve strived to build a business and business relationships that fill, rather than deplete, me. I’m certainly not alone in my quest for fit-ness. As I noted in an earlier post on choosing fit over prestige, the legal profession is meeting a workforce that’s willing to shirk stellar firm reputations and high salaries in favor of business environments that truly complement their personalities and larger life interests.
Firms are also embracing the need for a good firm-associate fit. A recent article on Bootcamp Training For New Attorneys highlights a two-week component of the summer program at Howrey LLP. During the Howrey Bootcamp, summer associates are housed in a conference center where they receive “intensive training that includes classes, depositions and a mock trial in front of partners and judges.” The piece offers these words from the firm’s hiring partner regarding the program’s genesis: “Bootcamp was conceived of as a way of getting associates to the firm who better fit what we do." To further the fit, Howrey pares its entire summer program down to five weeks and encourages its summer associates to compare experiences by working for another firm.
Posted by Arnie Herz on May 23, 2006
A recent blog post from Susan Abbott’s customer experience crossroads alerted me to a Deloitte study and report entitled: It’s 2008: Do You Know Where Your Talent Is? (pdf). The study looks at the “emerging talent crisis” and related “contest for human capital” in the new marketplace – an increasingly competitive global market characterized by “creative and technological advancements” and imminent vacancies created by a wave of Baby Boomer retirements.
Although the report offers a wide variety of insights and examples relevant to law firms on a quest to attract, develop and retain talented practitioners, I found its coverage on The Disengaged Employee particularly important to the legal profession.
Against a backdrop of some eye-opening statistics, the report addresses steps managers can take to “reduce the losses caused by an exhausted and demoralized workforce.” Notably, the report identifies “workplace relationships” – specifically, the employee-boss relationship - as “a crucial and often overlooked source of disengagement.” To remedy this problem, it suggests that organizations make leadership development a priority when revamping their “talent strategies.”
After reading the Deloitte report, I came across an interesting CareerJournal.com article that meshes well with the report’s message. Titled Construction Firm Rebuilds Managers to Make Them Softer, the piece focuses on the positive impact that executive coaching has had on the managers and employees of one construction company, the Kitchell Corporation. Kitchell started its coaching program in 2001 in response to “a looming management shortage.” According to the article, its executives believe that “the coaching is producing better bosses and more motivated staff.”
Posted by Arnie Herz on May 15, 2006
Lately, I’ve been thinking a lot about the making of client evangelists. Specifically, I’ve been looking at how this kind of consumer zeal fits into the larger canvass of the emerging experience economy.
The question that keeps coming up for me is: What really steers the client experience in this new era? According to a recent post and related comment thread from Seth Godin, the consumer experience ship may have co-captains. That’s because businesses are starting to consider a new version of traditional CRM (Client Relationship Management) - - it’s called CMR (Client Managed Relationships). Dubbing it a “third generation” CRM strategy, a post from the Customer Relationship Management blog says that this new wave is all “about listening to the customer and enabling companies to finally put the ‘C’ in CRM.”
Adding to the discussion is a post in which David Maister asks What Does Client-Centricity Really Mean? Maister’s reasoned answer comes in the form of a list depicting “increasing levels of client focus.” At the base “Level 1: We do a better job than our competitors at listening to customers and work hard at finding out what they like and don't like about dealing with us.” At the list’s optimal opposite end, “Level 11: Clients believe that if it is ever a trade-off, we will put the clients' interests ahead of our own.”
Making another point on the subject of consumer experience is this article on The Meaning of Hybrids. It discusses research into why people buy hybrid cars. According to researchers interviewed for the piece, saving money isn’t “the primary motivator” for the purchase. Rather, we’re motivated by a desire to add to or edit the personal narrative that underlies our identities. We’re “looking for either new ways to either advance the storyline we like, or change the one we don't like. The idea of what a car means can be one of those important story elements.” The personal storylines of hybrid car purchasers often include a strong “desire for a society and a world where people work together for common goals.”
It will be interesting to see how our clients’ personal narratives influence the way we package and deliver our legal services as the experience marketplace continues to manifest.
Posted by Arnie Herz on May 13, 2006
For some time now, I’ve been reading
Pamela Slim’s terrific blog,
Escape from Cubicle Nation. Two of her newer posts sound candid wake up calls for all of us considering the cause and effect of the rampant
disengagement and attrition plaguing lawyers and law firms today. Her words are powerful and, judging from the response they’ve garnered in cyber space – including a big nod from blogger-of-note,
Guy Kawasaki - resonate with many people contemplating their lives in and outside corporate America.
In her first post, Slim crafts a
letter to the corporate leaders of the world. From her perch as a “newly minted rebel,” she address the drastic steps they’d have to take to help their “brightest, most creative, hard-working and passionate employees” resist her call to throw off “the yoke of lethargy, oppression and resentment” and start their own business. Among the nuggets of wisdom Slim offers are these: (1) “If you help your employees grow and develop in their career even if they plan to leave the company, you will create an extremely loyal workforce;” and (2) “Imagine what their life is like. Who is waiting at home for them? What kind of dreams do they have? What makes them really happy?”
In a later post, Slim writes a companion
letter to the employees of the world’s large corporations. A running theme of her message here is that we’re ultimately responsible for our own misery and happiness. So, she says, people should plan for the long-term by considering what kind of work energizes them, where they want to live, how much money they really need, how much time they want to spend at work and the kind of people they want to be around.
Slim’s insights pair well with an article I recently read on
maximum workplace engagement by
Dean Robb, Ph.D [hat tip to the
Be Excellent blog]. In it, Robb cites a recent survey finding that just “20 percent of workers feel very passionate about their jobs; less than 15 percent feel strongly energized by their work; and only 31 percent (strongly or moderately) believe that their employer inspires the best in them.” Based on these and similar statistics, Robb declares workplace engagement and commitment to be at an all-time low. The antidote for the dip, he proposes, is to cultivate a workforce of people who “actually care, emotionally and spiritually, about the purpose — the raison d'etre — of the enterprise, and about the part they play in it.” This connection to purpose, in turn, is rooted in an “authentic, two-way give-and-take between individual and organization” – an exchange that values the individual as a unique being and not just a corporate cog.
Posted by Arnie Herz on May 9, 2006
I first heard about client evangelism through Matt Homann’s blog, the [non]billble hour. Matt had just finished reading Ben McConnell’s and Jackie Huba’s great book on the subject, Creating Customer Evangelists, and was in the process of conducting a client audit in accordance with its core principles.
Based on Matt’s introduction, I became an avid reader of the Church of the Customer Blog , also by McConnell and Huba. Their ideas and observations have sparked my own inquiry into the possibility of cultivating evangelical legal service consumers and providers. Although I’ve now covered the issue from various vantage points, I still regularly revisit this question: what compels employees and clients alike to shout a firm’s (or a practitioner’s) praises until the rafters ring?
Always on the hunt for input on this front, I was pleased to find a pair of articles on fostering client fidelity. The first, called Making Clients Loyal through Service and Satisfaction, opens with the popular statistic that it “costs five to six times more in time and expense to acquire a new client than to retain and expand business from an existing one.” The piece goes on to describe ways to “build a fold of loyal clients,” including: projecting the right image; maintaining a positive and helpful attitude; communicating in a courteous and reliable manner; producing excellent work; and getting client feedback.
Similarly practical advice is dispensed in an article titled How to Think Like Your Client. The heart of its message is that we gain client loyalty by becoming well acquainted with the client’s industry and by convincing the client that we “truly care and are committed to its well-being.” The authors provide detailed “to-do” lists to guide us on the path to understanding our clients' "concerns, current business strategies, and industry.” But we’re left to discern for ourselves how we can instill client confidence in our ability to care for, and commit to, their well-being.
I like the clear and straightforward tips these articles offer. Yet, I think there’s more to the mix. A quote from a recent McConnell-Huba article - Customer Evangelists: Spreading the Word – points to the missing ingredient. It says: “A customer evangelist is more than just a loyal customer. He or she has an emotional connection with your company.”
This kind of client connection can’t arise from a lawyer’s task mastery alone. It requires two-way, authentic human-to-human exchange, intimacy and understanding. It requires us to be well versed in feeling and conveying compassion and passion for ourselves and others. And it requires that we fervently believe in the quality and integrity of the services we provide.
Posted by Arnie Herz on April 5, 2006
In this post on lawyers as trusted advisors, I discussed how trust infuses the delivery and consumption of legal services.
Lately, I've noticed a lot of commentary on the importance of trust in building and sustaining business.
In a post (excerpted from an upcoming article) entitled Are Law Firms Manageable, David Maister proposes that "problems with trust" are one of the variables that keep lawyers from "effectively functioning in groups." And, Maister continues, the individual lawyer's tendency to mistrust is only fueled by the law firm milieu. He says: "Unfortunately, in many of today's firms that have been cobbled together from lateral hires and newly merged practices, the personal history that forms the basis of trust is often missing, as is the confidence that everyone will be practicing together for a long time."
Maister senses that this trust deficit will grow and wreak havoc until clients start pressuring firms to "act as firms" rather than "bands of warlords, each with his or her followers, ruling over a group of cowed citizens and acting in temporary alliance—until a better opportunity comes along."
Maister delivers a potent message here; one that threads through a recent post from the blog Synergy [as tipped by the folks at Be Excellent]. In it, Steve Sherlock asks "What is Great Leadership?" His answer is an enthusiatic "Trust makes a leader great!" Elaborating on his conclusion, Sherlock asserts: "A leader can be anointed or appointed but will only become great by building the trust of their followers or collaborators."
Trust - specifically trust-based selling - is also the subject of an interview with Charles H. Green, Maister's co-author on the terrific book, The Trusted Advisor. Highlighting one of the hallmarks of this approach to fostering business realtionships, Green states: "You have to trust that, if you keep doing the right thing for the client, in the end, that will be in your best interests too." He also assures us that taking the lead in building trust connections usually pays off since "80-90 percent of the time people respond in kind" when we "behave in a trustworthy manner."
The interplay of trust and consumer fidelity is detailed in this post from customer experience crossroads captioned Do Your Customers Trust You? Referring to a recent global trust barometer study(pdf), Susan Abbott writes: "If people lose trust in your company, they won't purchase your products or services (70-80%), they'll tell other people bad things about you (70-80%), they won't invest in your shares (65-75%), and they won't even work for you (40-50%)." Those are some eye-opening statistics.
Posted by Arnie Herz on March 30, 2006
Not too long ago, I discussed the making of law firm evangelists - lawyers and non-lawyer personnel inspired to voluntarily shout a firm's praises from the rafters. In a follow-up post, I explored the interplay of employee evangelism, law firm values and leadership. I concluded that "identification with company values may spark employee evangelism; but it's up to law firm leaders to fan the spark into a flame" over time.
David Maister sheds some more light on this interplay in a recent blog post titled Dangerous Rubbish About Leadership. Maister asserts that "the truly great professional firm builders [ ] led not by the clarity of their vision of the future, nor even because of their better understanding of finances or marketing, but because they were able to get even highly talented, extraordinarily mobile people to rally around a fervently held, common way of doing things - a world view, a philosophy, a set of principles, values or standards."
Maister's words compel us to augment the leadership-evangelist connection by fusing it with law firm success. Advocating the same web of connections is this article on employee engagement. Defining such engagement as "the emotional and intellectual commitment employees demonstrate for the organization for which they work," the piece offers "the math" that makes "the financial case for investing in high employee engagement." This is black letter fodder for law firms skeptical about the importance of employee evangelism. As the article states so simply and clearly: High Employee Engagement = Competitive Advantage.
I'll take it a step further and offer a related equation for the legal profession: High Employee Engagement = Lawyer Happiness. Having inspirational workplace leaders (and managers) and work that aligns with our deeply held values, standards and principles - this is the stuff that career contentment is made of. If more law firms made employee engagement a priority, you'd likely see much less of the lawyer discontent regularly examined here at legal sanity and cited in a recent UK poll - the City & Guilds Happiness Index [flagged by Robert Ambrogi and discussed by Gerry Riskin].
Posted by Arnie Herz on March 1, 2006
Last week, I suggested that a "disconnect of self from self" - our losing sight of what sparks and supports our curiosity, interests and desires - is a root cause of the widespread lawyer discontent we regularly experience, read and hear about. I also shared how this disconnect impairs our ability to meaningfully connect with others in our business and personal lives. I understand that many people balk at the notion of self-reflection and self-expression as vital business skills. Some resist self-focus because it raises the specter of the robber barons of yesterday (and today) - people often pejoratively described as Self-Absorbed; Selfish; Self-Centered; and Self-Aggrandizing. Others dismiss it as the stuff of new age rhetoric and pop psychology. Then there are those who believe that there's little to no self in healthy business relationships; it's all about the consumers we serve and what we can do to help them thrive. This last view is memorialized in a recent Law Marketing Portal article on Delivering an Elevator Pitch. Launching from the premise that "[e]ffective networking starts with a great Elevator Pitch," author Cheryl Barbato asserts that "in less than 20 seconds, you can effectively communicate how you offer value and benefit and open the door for business." Describing the elements of the Pitch, she instructs: "When developing your statement, it is key to think in terms of your clients. Don't think about what matters to you [.] Your Elevator Pitch should not be about you, it must be about YOUR CLIENTS." While creating passionate consumers is a great goal, I think Barbato misses the mark. Business relationships are as much about valuing and evincing our selves as they are about reaching and helping others. Both aspects (self and other) need to be expressed and honored to foster lasting connections for business success and satisfaction.
Posted by Arnie Herz on February 18, 2006
In an earlier post about lawyer-client relationships, I referred to David Maister's terrific book, The Trusted Advisor, and his related article Do You Really Want Relationships? (originally flagged by Gerry Riskin). The article points up the differences between client transactions and client relationships, stating that consumers of professional services strongly prefer the latter type of interaction. Despite this preference, Maister asserts, relationship-minded advisors are a relatively rare breed in today's business world. The gist of Maister's thesis is further explored in a new Law Marketing Portal article by consultant Darcie Davis titled Becoming a Trusted Advisor [excerpted from a marketing report captioned Do You Trust Your Lawyer? (pdf)]. The piece tracks executive views on the hallmarks of lawyer-client relationships of "the highest level" - that is, relationships where the lawyer is considered a "trusted advisor with strategic input that influences an executive's decision." Among the characteristics the execs cite (as ordered and linked together by me) are: "Tell me the good and the bad and give me absolute two-way candor; Give me advice I need to avoid litigation in the worst case; Have the ability to put themselves in my shoes with knowledge about my business, our culture, our constraints and realities; Be a business partner with broad business insights to give me business advice; They are responsive to requests on changes to their billing format, timing and detail; He doesn't talk down to us; He demonstrates he is more interested in helping us than in making money in the short term." Of the executives tapped for the report, 54% responded that they've forged this optimal trust-based relationship with a legal advisor.
Posted by Arnie Herz on February 3, 2006
A little while back, James Hassett of the Law Firm Business Development blog discussed his takeaways from a recent talk consultant Paul Clifford gave at a New England Legal Marketing Association meeting. Considering trends for "Law Firms in the 21st Century," Clifford offered insights into "what clients want, and what lawyers need to provide to succeed in this challenging market." Among the success touchstones Clifford cited were: accessibility, listening skills, responsiveness, understanding of the client's business, and a team approach to meeting the client's needs. The last of these markers - the call for lawyers and other firm staffers to collaborate on client relationship management - caught my attention and got me thinking about how the traditional law firm milieu will have to change to facilitate this kind of teamwork. One change I envision is that firms will need to strongly embrace not just mentoring, but co-mentoring. Co-mentoring is a term and process I learned about through Janet Hanson of the acclaimed 85 Broads network. Partners in a co-mentoring relationship (think young associate and seasoned lawyer/rainmaker) see themselves as equals who both bring tremendous value to the mix. After all, current clients, client-prospects and lawyer-prospectors come from both sides of the generational divide that often stymies lawyer business relations today. Co-mentors can help each other bridge this gap to forge meaningful and lasting client relationships.
Posted by Arnie Herz on January 30, 2006
I've shared before that, as part of my training and development business, I teach conflict management skills to lawyers and business leaders. In prior posts, I've discussed the importance of understanding our own perspective on conflict. I've also commented on the high costs of everyday conflicts. Given reports of rising incivility in the workplace, it's vital for lawyers to learn how to handle conflicts they regularly encounter - whether they're engaged in them as participants or neutral managers. In this conflict management primer, business consultant and coach Jerry Straks offers up "six principles" for de-stressing conflicts and transforming them into opportunities. Among other key points, Straks emphasizes the need to listen in a way that's "respectful, caring, curious, accepting, open, and responsible." He also reminds us that conflicts "are only rarely about what they appear to be about. To the extent you can listen yourself all the way down to the roots of the conflict, you improve your chances of reducing conflict stress." A nice addendum to Straks's input is this piece on peer conflict coaching from lawyer Michael W. Rawlings. It shows the value of "developing a culture of conflict competency" within a business organization (read law firm).
Posted by Arnie Herz on January 6, 2006
Last week I wrote about the importance of owning the service delivery mistakes and missteps we make and take. This point came through to me again as I read this Fast Company blog commentary about the customer loyalty inspired by one airline pilot's willingness to walk the aisles, extend a face-to-face apology and explain the reasons for his plane's repeated runway stalls. While you'd hope that this would be a routine response to extraordinary circumstances, we all know it wasn't. The leadership skills and candor that this pilot displayed against an all-too-familiar backdrop were exceptional. There simply aren't a lot of people in authority positions who understand the power of this kind of candid, human-to-human connection and acknowledgement. Perhaps if more lawyers understood how to own up to weaknesses in their client services, you'd see fewer cases of the angry client syndrome featured in this recent article.
Posted by Arnie Herz on January 1, 2006
As evidenced here, here, here and here, I enjoy reading and writing about the nexus between mediation and the law. Many observers have tried to deconstruct mediation and offer glimpses into its future applications in and outside of our legal system. One of the most recent discourses on the subject comes in this interview with well-known mediator and author Kenneth Cloke. Despite its packaging as a piece on mindfulness and commercial litigation, the interview is not confined to that topic. Indeed, one of its main themes germinates in Cloke's observation that there's "no reason to 'legalize' the mediation process or make it 'safe for litigation' because, in doing that, "we strip mediation of a significant part of its power." Specifically, Cloke sees mediation as essentially "a law-designing process, in which the parties are empowered to craft their own set of rules and figure out how they want to implement them." Commercial litigation - and the rule of law it's grounded in - is antithetical to this design process because the law does not embrace creative problem-solving, teamwork or consensus-building or consider emotions as integral to dispute resolution. Instead, the law "only looks backwards, to facts and precedent" and parcels out distributive justice by assigning blame among parties. Despite these differences, in Cloke's vision, the future holds distinct possibilities for a symbiosis of mediation and commercial litigation: "One is that the entire legal profession will 'morph' into a higher, more evolved level of problem solving and functioning. The second is that there will be a branching, and that there will be a continued need for what people in the legal profession do, which is to apply coercion to resolve conflicts that should not be resolved by force and cannot be resolved by consensus." On another future note, this is my first post of the New Year. 2005 was a fantastic time of personal and professional growth and change for me and I really enjoyed connecting with you all through this blog and at other venues. I look forward to continuing the journey in 2006.
Posted by Arnie Herz on December 29, 2005
As a professional service provider, I eagerly consume anecdotes and observations about the breeding or destruction of customer loyalty. I like to consider the topic from different angles - marketing, leadership, business development, design and more - because I think they all play into the superior service delivery mix. One aspect of client service that's come up again and again in my experience and readings is the importance of owning our mistakes and missteps. I've posted about this before, commenting that it's easy for lawyers to "get lulled into a place of complacency where we quickly excuse our business mistakes without reflecting on them or seizing the opportunity they offer for positive change and growth." The connection between honest appraisal of professional services and the power of mea culpa is nicely underscored in this recent post from Kevin O'Keefe of LexBlog. In it, Kevin candidly reflects on the state of his growing business and admits: "Despite our goal to [sic] having our clients be raving fans [ ], there's been times when LexBlog has sucked." Pledging his commitment to do better by his clients in 2006, he concludes: "Yes, there may be times when LexBlog service sucks in the coming year. But we're still going to be relentless in our efforts to be great." As a long-time LexBlog client (I believe this blog was one of its first efforts) I can attest to Kevin's ongoing candor about his business strengths and weaknesses. And his pledge - plus its real-world translation - is what keeps me a loyal LexBlog evangelist.
Posted by Arnie Herz on December 27, 2005
A while back, I wrote about Kevin Carroll, a creative idea catalyst who writes and speaks about the connection between play and an enriching work life. At the time, I had just picked up his inspiring book, Rules of the Red Rubber Ball: Find and Sustain Your Life's Work. Since then, I've thought a lot about Carroll's message and how it's played out as I've re-designed my career to engage my passion for helping others achieve success and satisfaction in the law. If you'd like to sample his ideas and philosophy, the good folks at 800-CEO-Read recently interviewed Carroll via a podcast you can access here. I think he makes some cogent points that are very relevant to our everyday dealings in the legal profession.
Posted by Arnie Herz on November 23, 2005
My friend, lawyer and mediator David Abeshouse, has a great article on civility and negotiations in the current run of GPSolo Magazine. David opens with the apt observation that the "degree to which one employs ordinary civility in negotiations often has a marked effect on the bottom-line result. It also can make life more pleasant, even in fundamentally adversarial situations." He goes on to note that the all-too-common tactic of venting with booming voice and expletives typically works against lawyers trying to negotiate favorable outcomes for their clients. It also negatively impacts our credibility. David ends by pointing out that opting for civility in our daily dealings can be infectious - when we treat fellow practitioners and business associates with common courtesy, they're more likely to respond in kind to us and others. In proper goose-gander form, the same edition of GPSolo offers this article providing tips for dealing with "the civility-challenged attorney or judge." It makes some solid points and includes handy references to Web and other resources available to help us decipher and report unethical conduct.
Posted by Arnie Herz on November 14, 2005
I've recently come across several articles about legacy planning; a topic related to my discussion of ethical wills here and here. According to this post from the ThirdAge Blog, legacy plans can include practical guides like "a master list of what and where everything is and who to contact." They can also inform our estate's executor of our "last wishes concerning organ donations and funeral celebrations" and how we "want smaller personal articles distributed and to whom and the stories behind them." Legacy plans can pass along our personal and family stories, conveyed in writing and/or through photos. Finally, the plans can contain our "personal legacy statement." Akin to an ethical will, this statement is a vehicle for sharing who and what we value most in our lives and why. I think this type of planning would nicely augment the trust and estate services lawyers traditionally offer. By educating ourselves and our clients about legacy planning, we acknowledge the importance of expressing personal tales and heart-felt wishes and thoughts to loved ones while we still have the chance. If you'd like to learn more about the legacy planning process, you can take a look at this book. There are also online resources here and here. The latter Web site includes links to help locate professional personal historians near you.
Posted by Arnie Herz on November 1, 2005
Posting has been sparse around here of late. I've spent a wonderful four days holding down the fort while my wife's enjoyed an out-of-town yoga retreat. In my spare moments, I came across this Fast Company article profiling some of the "favorite mistakes" made by the design team at OXO International, the award-winning makers of household items like these. The piece relates to the practice of law in many ways. We all can get lulled into a place of complacency where we quickly excuse our business mistakes without reflecting on them or seizing the opportunity they offer for positive change and growth. This perspective on mistake as a business aid is nicely captured in these words from OXO's president, Alex Lee (as quoted in the article): "Our wrong assumptions lead to the best learning."
Posted by Arnie Herz on October 27, 2005
Evelyn Rodriguez writes the very interesting and insightful Crossroads Dispatches blog. She recently started a series of posts on Fusing the Business of Your Soul with the Soul of Your Business. The inaugural post takes us to the crossroads of soul and business with the following guidance: "that's what the forty day series is about, not injecting something that sounds soulful to spiff up our flagging businesses and tune into a hot trend, but rather putting our whole higher self into it, no holds barred." As we travel along with Evelyn, I think each of us will find that there's no one way to create soulful work. That's because we each have unique passions and abilities to positively express in the world. When our business becomes a vehicle for this kind of meaningful self-expression, we're working with soul - to the benefit of ourselves, our families and many, many others. Chris Bailey of the Alchemy of Soulful Work is blogging along the same lines. In this recent post, he re-commits himself to creating a forum where he (and we) can "authentically discuss and generate provocative dialogue on livelihood."
Posted by Arnie Herz on October 25, 2005
In this article, my friend Stewart Levine fuels an interesting conversation about the opportunity for personal growth and leadership presented to lawyers by Hurricane Katrina and other recent natural disasters. Stating that within "every tragedy lies an opportunity," Levine poses these questions for our consideration: "What is the leadership lawyers can provide? [ ] How can we assert ourselves in a way that fosters thoughtful discussion of issues and concerns? How can we engender a spirit of resolve, resolution and useful action? How can we be a stalwart resource for people close to us? How can we be a symbol, a beacon of hope in a darkened landscape?" He goes on to outline three core Leadership Competencies (Models of Reality, Personal Authority and Honor and Gratitude) and four Leadership Behaviors (Impeccability, Learning, Powerful Voice, Motivating Purpose and Meaning). Levine believes that each of us possesses these competencies and models these behaviors when engaged in our "best work" - which he defines as work that's "more a function of who you are than any schooling or learned skill." I've been contemplating Levine's inquiries, especially in light of the poignant, eyewitness accounts of Katrina and its aftermath provided by fellow blogger Ernest Svenson. It certainly seems that nature is compelling us all to consider our place on this planet at this time and to envision what we want to leave behind for our children and future generations.
Posted by Arnie Herz on October 3, 2005
I just returned from the Association for Conflict Resolution's Annual Conference where I gave a talk on Mediation Breakthrough: Aligning the Interests of Lawyers and their Clients to Optimize Conflict Resolution. This presentation is one of the offerings of my new training and development business and I was grateful for the opportunity to test-drive it and get some feedback. It was a fantastic experience all around. The presentation was very well received and I got to reconnect with many of the terrific people in the dispute resolution arena I've met over the years. There really was a sense of reunion and homecoming as we gathered to share ideas and our passion for finding ways to ease conflict in the world. It was great to be in this community of likeminded folks and it gave me even more incentive to carry on in my new venture. Back at home, I found this post from the Worthwhile blog that nicely captures my conference experience. It discusses the emerging Passion Economy in which people, "no longer content to exchange their time for money in the absence of meaning," increasingly seek out work that connects them to their personal values. Finding a job that we're passionate about in or outside the law is a topic I've repeatedly covered here, but it never seems to lose its luster.
Posted by Arnie Herz on September 19, 2005
Author and attorney Stewart Levine continues his dialogue on lawyer life (mentioned here and here) with this article about an alternative to the adversarial model embraced by our legal system. He puts out the call for us to forgo scorch-the-earth tactics as a line of first resort and, instead, cultivate the "attitude of resolution" that's the hallmark of resolutionary thinkers - lawyers whose "core competency" is an "ability to lead people to a new vision that returns them to the real business of their lives." Recognizing that the "worst conflicts are among people with the deepest relationships," the resolutionary touts the benefits of collaboration and cooperation. After setting out "10 principles of The Attitude of Resolution" (which include creativity, openness, feelings and intuition), Levine goes on to list the qualities and abilities of a resolutionary lawyer. Among these traits are confidence, empathy, fairness, listening skills, faith, trust and an open mind. Levine believes that we'll have "little to lose and a huge upside potential" in shifting to resolutionary lawyering. And, as a result of the shift, "clients will be happier, societal transactions will move forward with less friction, and lawyers will reap the benefit of deeper levels of personal and professional satisfaction as they accomplish their work with, not against, other lawyers."
Posted by Arnie Herz on September 12, 2005
Last summer, I posted about ethical wills. Here's an update on these documents that help us look beyond the transfer of material wealth to consider the conveyance of our "wisdom, insight, experience, and similarly related intangibles." According to the piece, the use of ethical wills can be traced back to biblical times. The modern-day version comes in a variety of forms, but is "typically prepared as a written letter" addressing "family members, friends, and even organizations." There's also no prescribed content, although an ethical will can contain "insights into happiness, business success, and dealing with difficult times and difficult people. Historical information that might otherwise be forever lost can be transmitted" as well. After listing some key questions to ask clients interested in such documents, the article concludes with the observation that people usually find the ethical will-making process a "positive emotional experience." It gives them "an often-unexpected sense of clarity (as to what is most important to a person) as well as a sense of 'completion,' particularly as a parent."
Posted by Arnie Herz on August 15, 2005
My friend Steve Keeva has written another insightful piece on bettering our lives in, and outside of, the law. This one addresses a topic I've discussed before: how to find pleasure, meaning and passion in our daily law practice. One of Steve's main messages is that we have the power to choose and create our own work culture. We don't have to embrace the scorch-the-earth tactics and combative disposition that have become the standard fare of our profession today. If we learn to "downshift" and make "a habit of being aware of what matters most" to us - the people, places and activities we cherish - we can reconnect with "the very things that [we] feel passionate about," including our vocation. Reinforcing the idea that we need to follow our passion in our work life and beyond is this fascinating piece about trial lawyer Ward Powers, who took time off from the law to chronicle his journey to answer "some of life's ultimate questions." The product of his two-year project is an independent film called One that you can learn more about here.
Posted by Arnie Herz on August 12, 2005
This article on compassion nicely continues the multi-faceted discourse (including this, this and this) on doing business in a conceptual age governed by artistry, empathy and emotion. The author, "a lawyer trained as a peacemaker," describes compassion as "a blend of fairness, kindness, gentleness, honesty, respect, courage and love" that allows us to acknowledge "the emotions of others without entering into or being swayed by these emotions." Addressing how compassion is "relevant to the business environment," the article states: "Every business involves relationships between people. [] No one would dispute that cultivating positive relationships is good for business. Yet we spend almost no time and effort acquiring the habits and skills necessary to create harmonious relationships." Compassion, it continues, is one of the key "habits and skills" that enable us to build healthy and constructive business relations. The piece ends with some pointers on cultivating our "capacity for compassion" so we can become more effective business generators and leaders.
Posted by Arnie Herz on August 10, 2005
My posts here, here and here concern the importance of doing work we love as the worldwide business landscape flattens and changes. Over at his blog, Dan Pink points to this interesting article discussing how younger workers view the emerging conceptual age "in which data will be less important than creativity, and jobs will be more fulfilling." Highlighting Pink's work and his theory that professional success in our new economy will require a healthy dose of self-discovery, the piece depicts the traits we "need to develop to do well in the conceptual age." They are: an aesthetic eye (design sense); empathy (emotional intelligence +); and the ability to negotiate and navigate ("to do something that is not routine, that doesn't have a right answer"). It will be interesting to see if the American legal profession comes to acknowledge these markers of the new economic era and starts to value and foster such traits in its workforce.
Posted by Arnie Herz on August 1, 2005
During my vacation, I started reading Joseph Campbell's The Power of Myth. Campbell believes that myths from different cultures are really very similar in that they all provide "clues to the spiritual potentialities of human life" and the "experience of being alive." Opining that we're now living in a "demythologized world," he states: "What we're learning in our schools is not the wisdom of life. We're learning technologies, we're getting information. There's a curious reluctance on the part of faculties to indicate the life value of their subjects." (Notably, Campbell expressed these sentiments about information overload some 20 years ago, before the advent of the Internet, Blackberry and iPod). I paused to consider this idea of teaching the "life value" of a subject and could recall only one law school class that went beyond the black letter to address such a valuation - it was a course on mediation. I've discussed the idea of law school reform before. I think infusing the basic curriculum with teachings on the "wisdom of life" in, and outside of, the law would cultivate more effective and contented lawyers. If you're interested in the topic, take a look at this recent article that adds an interesting spin to Campbell's vision of mythic virtues in these modern times. Presenting opposing perspectives, it considers whether it's possible (or even necessary) to cultivate courage in our fast-paced culture "geared to prize health, wealth, and social status."
Posted by Arnie Herz on June 30, 2005
In this piece, ABA President Robert J. Grey, Jr. suggests that lawyers seize the "opportunity to modernize, streamline and provide a more efficient process for resolving disputes" because such action "can only produce positive results for society and the profession." To fulfill our role as "guardians of the American justice system," he opines, lawyers need to recognize that a "trial is not always the best way to resolve a dispute" and should be able to discern "when mediation, negotiation and arbitration—or more innovative methods like summary jury trial—are the best use of resources to achieve a just solution." This call to action raises the related issue of educating consumers (including lawyers and lay people) about alternative modes of dispute resolution. It's an issue broadly addressed in this article on marketing mediation. In it, the author tries to dispel the notion that marketing and mediation are a noxious mix, asserting that "mediation practitioners have a professional obligation, an imperative, to popularize the more constructive, collaborative conflict resolution alternatives that are available to consumers in conflict." Indeed, he asserts that to be of real service to our culture, mediators need to invest their resources into positioning mediation so that it's at the top of consumers' minds when they're faced with an actual or threatened conflict. He states: "Currently, in our culture, when people perceive they are in a conflict, many immediately want to sue their opposition vengefully and punitively." Yet, "there are many choices, and blends of choices, that may stand to serve their net self interest far better than conventional adversarial litigation. If consumers can't compare the aspects of several options, they can't make choices that serve their self interest more advantageously." I agree that the legal profession and lay consumers alike would greatly benefit from a marketing campaign touting the benefits of ADR. But it will likely be a pretty tough sell unless it includes a big educational component - such as CLE and public seminars that actively engage participants in exercises designed to convey the many benefits of these dispute resolution alternatives.
Posted by Arnie Herz on June 20, 2005
I've posted on mediation basics before. This article adds to the primer with an update on the topic of mediator style and orientation. For years, mediators and others have been mired in decoding and defining the major mediation models: facilitative, evaluative and transformative (among others). When asked about their work, mediators often feel compelled to place themselves in a particular style camp even though they borrow from, and meld, different models in practice. According to the piece, this foisting of style over substance may become passé under the New Grid System proffered by esteemed dispute resolution scholar Leonard L. Riskin of the University of Missouri-Columbia School of Law. Allowing for a natural co-mingling of mediation approaches, "Riskin's new grids [ ] focus on behaviors in the moment and over time rather than on labels that apply to the mediator throughout the mediation interaction." This allows for more fluidity and enables mediation participants to engage at "a much more sophisticated level and with more control over the process - if they wish." As a mediator who usually blends aspects of several mediation models, I welcome Riskin's break from formality. In my experience, there's no one "right way" to mediate. And there's no need to be exclusive since the different mediation styles mix very well together without losing their individual strengths. Participants only benefit from a process infused with the flexibility that this kind of versatility affords.
Posted by Arnie Herz on June 2, 2005
I recently posted on the absence of passion in America's workforce. This article proposes that the legal profession can redress this problem by adopting a new business model that radically departs from the "leverage" and billable hour approach widely used today. Under this new paradigm, instead of downplaying professional fulfillment, firms will strive to create "an environment where lawyers are physically energized, emotionally connected, mentally focused and spiritually aligned with a purpose beyond immediate self-interest." The piece rightly stresses that this change effort will be "long and complex," requiring law firms to cultivate "an adequate supply of qualified leaders." The New Leadership and the lawyers it nurtures will stress performance markers like "work ethic, emotional intelligence, dedication to fulfilling commitments and values." Firms will come to understand and embrace the new golden rule: "when professional fulfillment suffers, performance and, consequently, profitability suffer, too."
Posted by Arnie Herz on May 9, 2005
A contributor at tompeters! poses this interesting question: "When we blog how can we ensure that we are adding to the amount of action in the world rather than the amount of chattering?" Here's my response. Although I write articles for print and online publications, this blog gives me an unmatched platform for sharing my thoughts on optimizing skills, success and satisfaction in the law. Through blogging, I've connected with others looking to move the legal profession in a positive direction by creating a dialogue among legal service providers and consumers. The LexThink event I discussed here is a prime example of the constructive action blogging can beget in the world. And here's another action point: Blogging (both publishing my own blog and reading others) has helped me put my ideas into practice through my seminars and consulting business and other speaking engagements. Because these ideas have been so well received, I've decided to devote more time and resources to my work as a speaker-educator. As I move along the new professional path I've mapped out, I know that this blog will provide a great forum for sharing the challenges I'll face and the triumphs that will spur me onward.
Posted by Arnie Herz on May 2, 2005
Perhaps it's a spring thing, but the topic of office design and aesthetic seems to be on people's minds these days. I recently wrote about it here. And the ABA's Law Practice Magazine devotes much of its current issue to the subject. In this article, we learn the basics of leasing appropriate office space and consulting with design professionals. Included is a handy list of the Top 6 Space Planning Mistakes and a Space Design Plan Checklist. Another piece tours us through a law firm that's embraced the unique design "idea that physical space should reflect and enhance the activities conducted within it." In this form-follows-function environment, there are no private offices. Instead, it boasts "seven distinct spaces, each dedicated to a specific litigation task. There are rooms for conferencing, researching, pleading and briefing, litigation data input, trial production and case brainstorming, plus a 'Big Room' for mediation, jury research and mock trials." Adding to the design article roundup is this one listing 45 things to consider when planning office space, such as: community, values, health, firm culture and fun. On a related note, if you're gearing up to reorganize your office or home, check out my friend Pam Schiller Socolow's excellent Family Facts site for expert tips like the ones featured in this recent article.
Posted by Arnie Herz on April 28, 2005
I've always believed that no lawyer is an island. To best serve our clients and ourselves, we need to have a ready network of top professionals willing to share their knowledge and expertise with us. This article discusses how two law firms have embraced the notion that catering to clients "often requires skills not included in any casebook—like job counseling, financial advising and even the fine art of quickly deploying facial tissues." Recognizing that people in legal conflicts are frequently scared and ignorant about finances, these firms added financial advisors and mental health professionals to their service rosters. One firm representative aptly describes the business upside of this approach in stating: "Clients feel more connected to the people here. [ ] They have the feeling that their representation goes much deeper, because it does."
Posted by Arnie Herz on April 26, 2005
My kids' school devotes one assembly each year to the subject of kindness. The benevolent "Count of Kindness" (Dracula's alter-ego) comes on the auditorium stage and touts the benefits of being good to others. This is not just a message for the very young. According to this Ode article profiling the work of Italian therapist and author Piero Ferrucci, kindness has been key to our successful evolution. In Ferrucci's words: "Kindness is the most economical attitude there is. You don't waste energy on mistrust, worry, dislike and manipulation." But, he warns, kindness may not come as easily in the current "ice age of the heart" where the human warmth and connection we need is "marketed like a product." How do we reconnect to our kindest selves? According to Ferrucci, there are two major obstacles to kindness. "The first obstacle is passing judgement [sic], on yourself or others. The second obstacle: telling others what they should do or who they should be, giving them advice and trying to control them." These two kindness blockers certainly come into play in the everyday practice of law. But, lawyers can overcome them by taking off our mantle of absolute authority, bypassing black letter rhetoric and really paying attention to our clients' stories and needs. As Ferrucci sees it, this type of attention is a form of empathy. And once people feel that you're putting yourself in their shoes, they're able to head down a path of resolution and healing. The trust relationship forged through this dynamic represents kindness-in-action. This is why Ferrucci states: "You don't have to choose between being kind to yourself and others. It's one and the same."
Posted by Arnie Herz on April 4, 2005
Since posting on the science of happiness, I've been reading up on positive psychology. As this article details, positive psychology departs from the field's mainstream focus on "dysfunction, illness, healing and coping strategies" by seeking "to understand and build human strengths." Embracing empirical science, the pioneers of positive psychology project "that the movement's research will yield methods of making exercise less tedious, work more rewarding, relationships more enjoyable--in short, making what is good in life even better." Amen to that. And all these positive vibes seem to be spreading to the institutional level. An emergent branch of the organizational sciences called positive organizational scholarship (pdf) "focuses 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." Having just examined similar ideas at LexThink! Chicago (more reflections on this terrific and inspiring event in the coming days), I can say that both disciplines are pertinent to optimizing professional service delivery and I look forward to learning more about them.
Posted by Arnie Herz on March 30, 2005
This article about chronically overworked and overwhelmed Americans teams well with this one detailing how small firm and solo practitioners can make "meaningful changes in our professional lives." The first piece highlights the recent Overwork in America study conducted by the Families and Work Institute. Of the 1,003 people surveyed, one-third say "they feel chronically overworked, while more than half report feeling overwhelmed at some point in the last month by the amount of work they had to accomplish." A byproduct of these stressors, the study found, is the forfeiture of personal time on weekends and vacations. Indeed, the line between work and "competitive sport" has become so blurred that over 30% of study participants admit that they don't use their full vacation time. The article ends with some steps employers can take to remedy the situation. While alluding to the same work-related ills, the second article focuses on individual, rather than institutional, remedies. Specifically, it encourages small firm and solo lawyers to help themselves out of the mire by recognizing that "the most important assessment of these problems begins with" them. As part of this personal assessment, we need to honestly appraise the "areas that are the most troublesome" in our practice. The piece provides some examples of such candid self-analysis, including these:
* I am totally disorganized; my office is a shambles.
* Matters slip between the cracks; there is no system for follow through.
* Even when working 10 to 12 hours a day, I seem to be running in place.
This reminds me of the reflective practice I discussed here and here. And it probably comes as no surprise that I think it's the way to go. Whether a solo or firm operative, the individual - that means you and me - is always the first and best line of defense against the scourge of overwork and overwhelm. By accounting for our own role in creating and perpetuating the problem, we send the message to law firms and to the larger profession that career success and satisfaction must go hand-in-hand. This is not a revolutionary notion, but a basic one that's been lost in the shuffle of the everyday business of law.
Posted by Arnie Herz on March 18, 2005
Many thanks to Bruce MacEwen of Adam Smith, Esq. for forwarding this Legal Week article on how lawyer's might benefit from reflective practice. I discussed the related practice of active listening here and here. Reflective practice is a fairly new concept. Academic Donald Schoen introduced it in 1983 in response to the eroding state of American professionalism. According to the article, practitioners interpret the concept in many different ways. "At its very simplest, reflection means deliberately thinking about what you are doing or have just done rather than working on autopilot and by precedent." Thus, lawyers engaging reflective practice resist the temptation to "fit problems into neat and predefined boxes." Instead, they explore an issue from different vantage points in order to meet the client's real needs and larger interests. Lawyers might also use the practice to audit themselves or their businesses. Reflecting on the way they handled a particular matter or proceeding, they look "at what they did, why they did it in that way, what they could do better and what they could adopt or adapt from others." I agree with the author that this kind of introspection can be a bit time-consuming, but if "the outcome is improved practice and more empowered individuals, it is time [] well spent."
Posted by Arnie Herz on March 16, 2005
Here's an article evincing that lawyers draw inspiration from all kinds of sources. It tells how Widner University School of Law professor Randy Lee recently organized a daylong symposium called The Lawyer as Poet Advocate: Bruce Springsteen and the American Lawyer. The well-attended class covered "what lawyers can learn from how Springsteen relates to the hopes, fears and dreams of the common man." This was the back track for a discussion on the lawyer's role as advocate, the ways we "can take inspiration from our clients and how they give us the opportunity to feel good about ourselves and what we do." Participants also gained some valuable legal writing tips by examining how "Springsteen uses few, if any, adjectives, relying instead on strong nouns to paint colorful pictures." If all this appeals to your inner rocker, the Pennsylvania State Bar Association will present two encore engagements on the same topic next month in Pittsburgh and Philadelphia, PA.
Posted by Arnie Herz on March 9, 2005
The marketing blog brand autopsy is one of my daily views. I enjoy its fresh approach to a subject area that gets much play in the blogosphere. A friend of mine recently suggested that I read Kevin Carroll's Rules of the Red Rubber Ball. So, I was happy to find this great post (including links to video streams) on the book and its author, a former passion "Katalyst" at Nike who now speaks widely on the connection between play and an enriching work life. The nexus between work and passion is a topic that really interests me since I'm re-designing my business to engage my passion for teaching practitioners and consumers about achieving success and satisfaction in the law. Other takes on work-passion interplay can be found here, here and here.
Posted by Arnie Herz on February 23, 2005
A great post over at You Already Know This Stuff led me to this article and this one on Tim Sanders, Yahoo's Chief Solutions Officer. Sanders, a self-proclaimed "lovecat" and author of the book Love Is The Killer App, firmly believes that the "most powerful force in business [today] is love." He defines love as the "the act of intelligently and sensibly sharing your knowledge, networks, and compassion with your business partners." Building (or re-building) business on a foundation of love is essential in an age where a dominant culture of choice and information sharing is toppling the reign of business villians and noxious companies. In the world-according-to-Sanders, "People who love what they're doing, who love to learn new things, to meet new people, and to share what and whom they know with others: These are the people who wind up creating the most economic value and, as a result, moving their companies forward." I'm in.
Posted by Arnie Herz on February 18, 2005
Hugh MacLeod of the insightful gapingvoid recently posted about the emergent "Creative Age." In this new era, he posits, we place a premium on finding meaning in our professional and personal lives. Indeed, we've awakened to a view of work as inseparable from "real life." So, we seek jobs that are fun, that sing to us and that honor our uniqueness. When we find our own "unique door," MacLeod continues, it will "resonate. Not just with us, but with everybody it comes in contact with. The door will [be] useful and productive. Alive and kicking. It'll create wealth and laughter and joy." I think he is right on. So many lawyers I meet are desperately searching for this kind of meaning in their work. They're on the hunt for a way of practicing law that's uplifting and financially rewarding. Law firms that want to survive and thrive in this Creative Age will have to heed the call and engage their lawyers in a candid conversation about creating a genuine culture of fun and meaning in the workplace.
Posted by Arnie Herz on January 10, 2005
In a previous incarnation, my wife was a prosecutor in New York City. She sent me this article profiling the Harlem Youth Court, one of some 950 courts nationwide where "neighborhood teenagers act as judge, jury, and lawyers at trials of peers." This is not a mock trial program. Rather, "participants hear real cases of teenaged defendants referred by the police or school administrators, and mete out sentences that include community service, anger management classes, and tutoring." Judges and jury members are culled from local schools or volunteer after hearing about the program. Defendants find it easier to discuss their missteps with other teens and "take the process seriously." Youth Court members, in turn, learn such important skills as "critical thinking, public speaking, and consensus building." They also gain insight into the workings of the legal system and legal profession.
Posted by Arnie Herz on December 23, 2004
With 2005 on the horizon and this blog's half-birthday just celebrated, I decided to update some of legal sanity's back pages and links. The new content, including a revamped "about the blog" page, reflects the evolution of my business in the last year. While continuing to provide legal services to corporate and individual consumers, I've spent a good amount of time and thought growing a diversified mediation practice that I find very rewarding. With a nice assist from legal sanity, my speaking and consulting career has also grown. This work revolves around a series of programs on remaking the everyday practice of law to achieve optimal outcomes, personal and professional success and work-life balance. The new blog material is up so, please, take a look. Your constructive feedback is always welcome. I wish everyone Happy Holidays.
Posted by Arnie Herz on December 13, 2004
Here's an article showing that, even in the dog-eat-dog legal world, a spoon full of sugar can help that medicine go down. It describes how the 450-lawyer firm Blank Rome "has banished boredom from its legal education curriculum" by adopting the motto "Fun and Games Can be Serious Business in a Law Firm." In one of its programs, associates and partners get together to play a board game called Anatomy of a Matter. In what seems to be a legal twist on Monopoly and Stratego, "players meet potential clients, snag business, work on matters, calculate profits and see how their efforts affect the firm's growth." This program and others sponsored by the firm derive from "adult learning theory, organizational psychology and educational programming." But the real-world takeaway for lawyers and staff alike is a boost in communication, interpersonal and other skills vital to their own and their firm's success in the law.
Posted by Arnie Herz on November 19, 2004
I've previously posted on the role of apology in preventing and resolving legal disputes. This article looks at the subject from a slightly different angle. It discusses the medical world's recent discovery that, "when combined with an upfront settlement offer," an apology is a "surprisingly powerful way to soothe patients and head off malpractice lawsuits." While there likely are several forces compelling this addition to medical school curriculum and hospital policy, the notion that an apology can be a powerful healing agent melds nicely with the principles underlying the humanism in law and medicine movements mentioned here. Using apology to show remorse and admit mistake is a marked departure from the traditional "shut up and fight" strategy that champions doctors as demigods who can do no wrong. It levels the playing field, putting doctors and patients on more equal footing in terms of human strengths and foibles. I think it safe to say that the doctor-patient and attorney-client relationship both thrive where the professional always treats the consumer with the utmost honesty, kindness and respect.
Posted by Arnie Herz on November 6, 2004
Occasionally I come across an article like this one that seems to go beyond the confines of a particular subject to shed larger light on the roots of conflict in our society. The article espouses that, in this age where children suffer from rampant over-indulgence and a "profound disconnect from the feelings of others and our planet," a simple nature walk can "pique curiosity, foster empathy, and encourage stewardship" in them. The author, an educator, has found that children who grow to respect nature also grow to respect their peers. Perhaps law schools, bar associations and law firms should take heed and expose lawyers to more flora and fauna as part of their offerings.
Posted by Arnie Herz on November 1, 2004
As I discussed here and here, I'm very interested in the growing efforts to "humanize" law school and the practice of law. With similar interest, I've followed the movement to educate medical doctors on treating the patient as a whole - body, mind and spirit. Two New York doctors at the forefront of the humanism in medicine movement, Drs. Steven Miller and Richard Sarkin, recently died in a plane crash on their way to inaugurate "a new humanistic curriculum designed to encourage a more compassionate [medical school] campus." As I read about their professional lives and contributions to the field of fostering more compassionate medical care and caregivers, I was very moved and inspired. I couldn't help but think how all the healing vocations, including the legal profession, would greatly benefit from teaching their practitioners this kind of empathic and holistic service delivery model. This site provides a nice overview of humanism in medicine and the wonderful work of Drs. Miller and Sarkin.
Posted by Arnie Herz on October 13, 2004
Sometimes you come across an article like this one confirming that there's life out there in the legal universe. Its opening paragraph sets the tone and message of the piece, stating: "Civil litigator Mark F. Dehler has found a way to ease the tension endemic in the dog-eat-dog practice of law. He makes his office more like home by bringing his dog to work." Beyond depicting Dehler's obvious affection for Jake, "a graying, 100-pound chocolate Labrador retriever who sports a lime-green bandanna," the article tells how the dog has lifted the spirits of Dehler's clients and even served as an ice-breaker of sorts during mediation. It further conveys that Jake is just one part of the client-friendly business environment Dehler has created in the "two-story former bank building" he shares with long-time friends who also have their own law practice. The building's wiring lets Dehler wander from room to room with his laptop, fostering "camaraderie and discourse." Even his mother has a recurring role in Dehler's nicely scripted work life - she drops by about twice a week to take Jake for a walk.
Posted by Arnie Herz on September 9, 2004
The ABA's Law Practice Today has a great collection of articles on mentoring here. In the days of old, apprentices learned the law through mentors. Mentoring is on the rise in the 21st century because of an "increased concern with incivility in the profession; a desire to improve the profession's public image; and a growing recognition that the profession of law is becoming the business of law." Although there's no set definition of the mentor-mentee relationship, in essence, it's a dynamic one involving "the passing on of skills, knowledge, and wisdom from one person to another" concerning "the art and science of the practice of law." Ideally, the participants are co-equals who work together to direct the relationship and set its goals. I found these articles interesting and on the mark. I especially liked how they dispel some common misconceptions about the mentoring process. I'm currently mentoring another lawyer and find it mutually beneficial and very worthwhile. Through our monthly discussions on the practice of law and the legal profession, I've refined my vision of aptitude and success and rediscovered what I like most about being a lawyer.
Posted by Arnie Herz on September 8, 2004
I enjoyed this article from the ABA Journal eReport relating how some 300 associates at McDermott, Will & Emery recently took an improvisational comedy class as part of the firm's annual retreat. The purpose of the three-hour class was to teach participants "how to think and speak on their feet and work together as a team." Ultimately, the associates split up by practice group and performed skits with each other. They were asked to think up a product lawyers might use and create a skit advertising it. One group came up with the idea of a monkey that performed due diligence. I think this is a great way to boost team spirit within a firm. The ability to take oneself and the slings and arrows of the typical firm day lightly is a vital skill to cultivate as a lawyer. Seeing the funny side of situations faced throughout the day makes the job less taxing and more humane.
Posted by Arnie Herz on August 30, 2004
The Renaissance Lawyer Society's monthly e-newsletter, The Cable, directed me to this FresnoBee article discussing a new, combined law/conflict resolution degree. I think this is a wonderful approach to understanding the interplay between these distinct but intertwined roads to understanding and handling real world legal issues.
Posted by Arnie Herz on August 16, 2004
This article from the Missouri Bar looks to the work of psychologist Carl Jung, who theorized that the human psyche is hardwired with predispositions (called archetypes) that are passed down from generation to generation, much like instincts in animals. Guiding us through an overview of four basic "archetypal energies" - the Sovereign (King or Queen), the Warrior or Amazon, the Magician or Hetaira and the Lover or Medial - the article proposes that knowing our individual "archetypal balance" is a key to becoming a more effective and powerful lawyer.
Posted by Arnie Herz on August 11, 2004
The human spirit shines in this piece about New Jersey lawyer Douglas Heir, who has won over 300 gold medals in paralympics events and was the first lawyer featured on a Wheaties cereal box. Doug has been confined to a wheelchair since age 18, when he injured his spinal cord while trying to rescue a drowning child. He now devotes his solo practice to representing others with spinal cord injuries.
Posted by Arnie Herz on August 6, 2004
From LawyerNews.Com comes this announcement that the Philadelphia Bar Association will be sponsoring a course for non-lawyers who want to learn "basic information about areas of the law most likely to impact on their daily lives." Course sessions will be held on September 21 & 28 and October 5, 12, 19 & 26. Each week, local private and public sector lawyers will speak on topics related to their area of practice, including: bankruptcy law, consumer fraud law, criminal law and procedure, defending yourself in a civil law suit, employment law, family law, immigration law, landlord/tenant law, personal injury/tort law, real estate law, wills and estate planning, and workers' compensation law. I think that educating non-lawyers about law as it plays out in everyday life is a terrific idea. Far from being a dangerous thing, a little bit of knowledge about the law helps people be more empowered and capable negotiators in their daily undertakings and makes them more savvy and participatory legal service consumers.
Posted by Arnie Herz on July 28, 2004
People often ask me if I consider myself a "holistic lawyer" because I help my clients look at their legal issues in terms of their values, life goals and larger interests. Although I do consider the "whole client" in delivering my legal services, I've tended to shy away from the "holistic" label because there are so many ways to interpret the word and what it means to practice law holistically. This recent article from CS Monitor.com profiles some lawyers who work in the holistic mode. I really like how the piece avoids pigeonholing or marginalizing these practitioners by showing how they put their own spin on the term "holistic" in meeting their clients' mainstream legal needs.
Posted by Arnie Herz on July 19, 2004
Although I've drafted my fair share of simple wills for clients, I never thought of asking them if they wanted to convey anything to their loved ones beyond material possessions. This article discusses the "modern trend" of ethical wills - writings or other recordings in which "people pass down the experiences and values that have infused their lives with meaning." These wills are about the personal stories, love, wisdom and feelings we want to leave as our legacy to future generations. According to the article, the following are some of the key questions to consider in drafting such a will:
* What do you want your loved ones to know about your family history?
* What is your vision for your heirs' use of their inheritance?
* Have you made mistakes for which you want to ask forgiveness? Or is there forgiveness you want to offer?
* Why have you made certain decisions about your estate, such as donating a portion of it to charity?
* How does your use of money reflect your most important values?
* What are some values and life lessons you'd like to share regarding education, the workplace, marriage, and parenting?
* What have your friendships meant to you over the years?
Posted by Arnie Herz on July 1, 2004
From Austrailia's Lawyers Weekly comes this article about law firms hiring "mature-aged lawyers," that is, people who pursue law later in life as a second career. According to the piece, because of their business and life experience, such lawyers tend to "understand the context in which particular transactions occur as part of the commercial world and may have had first-hand experience as a lawyer's client on the 'other side of the fence'. Thus, they can more readily apply the theory of law to its practice than can many of the younger graduates. This enables them to come up with practical, workable solutions for the multitude of problems business clients face." The article also relates that age parity with clients enables "later lawyers" to command respect and become income generators for the firm at a relatively early stage in their careers.
Posted by Arnie Herz on June 24, 2004
If you've thought about creating a law practice that reflects your interests outside the law, take a look at this article from the ABA's GP/Solo New Lawyer e-newsletter. It discusses how lawyer Gary C. Brustin has channeled his love of cycling into a "niche personal injury law practice specializing in cycling-injury-related cases." Because of his personal experiences as a cyclist and with cycling injuries, Gary has unique insight into his client concerns and needs. He stresses that "every attorney should specialize in a field of the law that rings true in both their heart and their mind." And, if kicking is more your game, check out this article about a lawyer who put his passion for martial arts to work.
Posted by Arnie Herz on June 14, 2004
Here's an uplifting story about some young New York lawyers who took on a pro bono immigration matter others deemed a lost cause and - yup - won. Of particular note is how the team saw fit to help their client with some "emotional matters" by getting him psychological counseling. One law school-bound assistant working on the case summed it up nicely by saying: "When you work for a firm like [this], where you have these tremendous resources, it's important to get involved in pro bono. It reminds you of the human aspect of law."
Posted by Arnie Herz on June 11, 2004
This article discusses "a small but energetic movement within legal academia to 'humanize' the law school experience." Led by Florida State University law professor Lawrence S. Krieger, the movement recognizes that, by teaching students "healthy perspectives," getting them to discuss their "needs and fears" and helping them reinforce their "core values," law schools can play a key role in combating the high levels of lawyer distress reported in articles like this one and this one.
Posted by Arnie Herz on June 5, 2004
Professor Susan Daicoff of Florida Coastal School of Law has researched and written extensively on lawyer personality traits and has a new book incorporating her work on the topic. According to Daicoff, practitioners with traits atypical of most lawyers - that is, those with a feeling decision-making preference or a moral decision-making style known as an ethic of care - are more likely to be dissatisfied with the traditional adversarial practice of law. They may be better suited to practicing what Daicoff calls comprehensive law. The distinct modes, or "vectors," of the comprehensive law movement all aim to foster human wellbeing and consider factors beyond strict legal rights and duties - such as relationships, needs, values, goals and morals - in resolving issues.
