23 02, 2012

Are Lawyers Acting Like Elderly Aunts?

2019-04-01T21:04:48+00:00By |Comments Off on Are Lawyers Acting Like Elderly Aunts?

A few months ago my 81 year old aunt asked me to help her with emails on her laptop. She had finally succumbed to years of pressure from family members to get a computer.  Now she could be included more in the family conversations and picture swapping. She could easily keep in touch with loved ones across the country.  But she still wasn’t using her laptop.

When I sat down with her, I discovered two main problems. First, she didn’t really understand some very basic concepts, like how the mouse worked. She had trouble remembering that she needed to point and click. Second, the interface was unfriendly to an elderly person. She couldn’t keep up with where the mouse pointed, and kept losing the cursor when it zipped across the screen. With a few adjustments, I slowed down the reactivity of her mouse and made the cursor bigger and bolder so her old eyes could keep up with it. Then I “co-piloted” with her as she sent some emails, gently reminding her what to do, until she had enough practice to fly on her own. […]

26 01, 2012

Is Your Listening Tuned to the Right Station?

2019-04-01T21:05:50+00:00By |Comments Off on Is Your Listening Tuned to the Right Station?

“There is no such thing as a worthless conversation, provided you know what to listen for.”
—James Nathan Miller, Author

Many people think effective communication is simply choosing the right words to say. I submit, however, that poor listening skills create the biggest barrier to good communication.

Effective communicators listen attentively, but even attentive listeners can go astray. If a radio is not finely tuned to the right station, the reception gets garbled. Similarly, to fully understand a speaker’s message, a listener must properly tune in to the purpose of the speaking.

By way of illustration, most of us have whined about a frustrating problem at some point. We often know what to do about our problem, but we want to complain first in the hope of garnering some sympathy. Our frustration increases when listeners respond with suggested solutions to the problem. That wasn’t the kind of listening we wanted.

Many listeners miscue about the appropriate kind of listening required because most of us have a preferred approach that we use until we understand that something else is needed. We need to switch listening approaches to fit various situations. […]

11 01, 2012

Texas Hoof-in-Mouth Disease

2019-03-19T23:15:19+00:00By |Comments Off on Texas Hoof-in-Mouth Disease

I have long suffered from Texas Hoof-in-Mouth Disease. Susceptibility to the illness is a genetic trait passed down from generation to generation in my family. Some people may confuse our illness with the cattle disease, but I am speaking of a more virulent strain of the common foot-in-mouth disease.

Texas Hoof-in-Mouth Disease has caused me such pain and embarrassment in the United States that I simply will not describe all of its horrors. However, I don’t mind giving you an example of its tragic effect on another family member.

My mother’s manifestation of the disease sometimes resembles the symptoms of Turret’s Syndrome, causing words to come flying out of her mouth before she has a chance to consider them. For example, once when she looked at the protruding belly of a woman at church, the disease caused the words “I thought you had that baby already!” to leap out of her mouth. Just before walking off, the woman responded, “I did.” […]

3 01, 2012

Looking Back for Fun and Profit

2019-03-19T23:17:45+00:00By |Comments Off on Looking Back for Fun and Profit

Journalist Samuel Rubenfeld posted his personal 2011 year in review on Tumblr.  Someone with the username “rofgile” posted his review of his 2011 investment picks on The Motley Fool forum. Bonnie Beckham posted in her blog for Boston.com some fun and interesting questions that her family answers as their year-end review each December. Yahoo! has a way to review your personal year of Facebook posts alongside events of the year.

There are many different focuses and many different ways to take stock of the old year as we launch the new year. The groundbreaking civil rights attorney, law school professor and first African-American federal judge, William Hastie reminded us why we need to do a review now and then. He said, […]

15 12, 2011

Identify Red Flags That Warn of Bad Clients

2019-03-19T23:19:28+00:00By |Comments Off on Identify Red Flags That Warn of Bad Clients

“Experience is that marvelous thing that enables you to recognize a mistake when you make it again.” ~ Franklin P. Jones

Every experienced lawyer has had at least one client that she wishes she never took on.  Most of us have had quite a few. To stop repeating the same mistakes, make a list of all those undesirable clients. Think back on the initial conversations and meetings you had with them before you signed the engagement agreement. Were there any red flags that you ignored? What do those undesirable clients have in common with each other? Did they quibble over a retainer? Did they fail to bring requested documents to the first meeting? Were they wedded to victimhood? Were they unduly suspicious of you? Did their story seem to have holes in it? Did several of them come from the same referral source? Did you have an uncomfortable feeling about them that you just couldn’t nail down? Did their problem require you to do a lot of work that you don’t enjoy?

Write down whatever you noticed in your review, and keep the list handy. From now on, before you sign up a new client, take a moment to review that “Red Flag List,” and remember how you regretted ignoring it before. Turn mistakes into wisdom, by learning from them.

8 11, 2011

Don’t Negotiate Like a Politician

2019-03-21T19:06:24+00:00By |Comments Off on Don’t Negotiate Like a Politician

Who knew that lawyers could find good advice about negotiating on behalf of their clients in The Costco Connection? In her article titled Attitude Shift, Rhonda Abrams warns business owners not to negotiate like today’s polarized and ineffective politicians. “Stop thinking of the other side as your opponent,” she advises.

When it comes to negotiation, clients often say that they want a tough lawyer. What they really want is a solution to their problem or the healing of an injury. Their strategy for obtaining that may involve hiring a tough lawyer. […]

25 10, 2011

10 Tips for Mentoring a Young Lawyer

2019-04-01T21:27:42+00:00By |Comments Off on 10 Tips for Mentoring a Young Lawyer

According to the PricewaterhouseCoopers report in its 14th Annual Global CEO Survey, 98% of Millennial workers believe that working with a coach or mentor is important to their development. More would choose training and development as a benefit than a cash bonus. When I shared information about this survey on Twitter, Jasmine Decarie, Director of Marketing & Business Development at Foley Hoag, wisely pointed out that law firms need to train mentors on mentoring.

Jasmine’s admonition brought me back to my official mentor in BigLaw. He was a kindly gray-haired gentleman in the trial department. Although all first-years were on General Assignment in those days, I wondered why I received a trial lawyer as a mentor, when I wanted to do corporate work. […]

7 10, 2011

The Proper Care and Feeding of Referral Sources

2019-04-01T21:28:36+00:00By |1 Comment

Because I work with a lot of different lawyers, people often contact me when they need to engage one.  Sometimes a friend needs legal services, and I hear from them later about their satisfaction level with the services received. Often, however, a friend calls on behalf of the potential client.  I give them contact info for a couple of appropriate lawyers, which they forward to the client. Usually I give the lawyers I recommend a heads up by email or voicemail…and that’s the last I hear of it.

Over the course of a couple of years, I referred 5 or 6 potential clients to one lawyer. I never even heard whether she got hired. When a new referral request came in, I had a little conversation in my head: “I wonder whether the previous referrals were good matches for her. In any event, she didn’t seem to particularly appreciate them. She never let me know what happened. Did she even say ‘thank you’? I think I’ll send this referral to someone else who will appreciate it.” […]

31 08, 2011

How Lawyers Can Handle Bad Reviews and Complaints on Social Media

2019-03-21T19:12:02+00:00By |7 Comments

When I spoke recently at the State Bar of Texas annual meeting about social media success stories for lawyers, I got a familiar question: “What should I do if someone trashes me online in social media?”

Almost every lawyer has experienced a client with unreasonable expectations, or one who got bad results because of their own bad behavior or bad facts. I can’t even count how many different people over the years that I have heard claim that they got cheated in their divorce settlement because their lawyer was in cahoots with the other side. (None of them told a credible story.) The difference today is that they can widely publicize their opinions and dissatisfaction online. I have been taken aback by the vituperative language used in anonymous comments to blogs and news posts. Given these common occurrences today, there is a definite risk that someday you will face an unfavorable rating or an untrue statement about your services online.

Some attorneys cite fear of negative comments as a reason for eschewing social media altogether. They are uniformed, however. Ratings and comments can be posted about your legal services on many sites whether you engage social media or not. If you don’t play, you won’t know what they say. […]

 

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