Does Lawyer-Speak Create Workplace Dysfunction?
Dan told the group what he thought was the appropriate course of action to take. No one voiced any opposition, so he took steps to set the plan into motion. Later he was surprised to get feedback that Karen thought he was controlling and railroaded the group into doing things his way. Dan felt dumbfounded and frustrated. If Karen had another idea, why didn’t she speak up in the first place?
Have you ever been in Dan’s shoes? Or do you identify with Karen’s perspective, acquiescing to someone else’s way of doing things when you don’t really want to? The problem may be as much a matter of conversational styles as substantive disagreement, according to Deborah Tannen, Ph.D., bestselling author and linguistics professor at Georgetown University.
In her book Talking from 9 to 5: How Women’s and Men’s Conversational Styles Affect Who Gets Heard, Who Gets Credit, and What Gets Done at Work, Tannen points out that many people expect ideas to be explored through verbal opposition. “When presenting their own ideas, they state them in the most certain and absolute form they can and wait to see if they are challenged,” says Tannen. “Their thinking is that if there are weaknesses, someone will point them out, and by trying to argue against those objections they will find out how their ideas hold up.”
Learning from Our Mistakes
A wise person said, “A mistake is not a mistake unless you fail to learn from it.” I made my share of mistakes in my legal career, and here are a few I learned from. I thought I would offer you the chance to learn from some of mine, instead of making them all yourself.
1. Viewing speaking and writing as non-billable time. It is true that we usually can’t bill anyone for those activities or the preparation time required. When I looked at it that way, however, I tended to de-value the activity, and put it behind everything else. Of course, that means I didn’t get around to developing talks or writing articles that would showcase my expertise and expose me to new contacts. The wiser course would have been to view those efforts as important business development activities, so that I would give them the appropriate emphasis.
2. Focusing on prospective clients and not on prospective referral sources. As a corollary to the first law practice management mistake described above, I didn’t take advantage of opportunities to speak to audiences full of referral sources. At a time when I represented small businesses, the managing partner of the regional office of a large national insurance company asked me to give a talk to their sales stars about shareholder agreements in closely held organizations. I never got around to it. I saw it as a favor to them and I didn’t recognize that they would be highly motivated to act like my free sales force convincing business owners that they needed shareholder agreements backed by key-leader life insurance. I didn’t recognize the opportunity, even though I had seen how an initial small project could develop into a significant long-term client. When those life insurance clients didn’t like their existing counsel, or needed a referral […]
Speech Recognition Software May Be Worth the Price Now
Speech recognition software seemed like a pipe dream for many veteran lawyers who never really learned to type. Many tried it a few years ago and found it a disappointing experience. Today, however, the technology has improved enough that even today’s law students (who probably learned to use a keyboard before they learned to ride a tricycle) are finding it valuable to use. To see how it works in a legal application, check out Robin Hood’s video on YouTube. Robin is a law student who created a video demo of using Dragon’s Naturally Speaking voice recognition software.
Before you race off to buy the software, however, you should make sure your computer has adequate processing speed and RAM. Check out the Amazon.com reviews of the software to see what real users say you need. As you know, the minimums stated on the software box rarely suffice for getting the results you are looking for. If you are interested in the software because you are such a Luddite that you need help with mere typing, you might want to get some help with the initial installation of the software and with training it to recognize your accent.
I haven’t personally tried the more current version of this software, so I can’t give you my opinion. I thought some small firm lawyers might be interested in watching the above video to see how the progam works for someone other than a salesperson. You can watch the sales video, too, which demonstrates how the software can type as fast as you speak. If you don’t want to invest in the expense of additional administrative personnel, or can’t find quality help in a small town, this software might be a bandaid for you. With a price tag of under $100, it is probably worth […]
Set a Theme for the Year
By now the “new” on the New Year has begun to wear off. Some of your resolutions or goals may have already given way to inertia or outside forces.
Revive Your Determination
Would you like a way to revive your will and hang on to it? Consider setting a theme for the year. You should be able to capture the essence of the theme in three or fewer words. I prefer one word myself.
Julz on Fire
I have to give a nod to my coaching colleague Julie Ford for this concept. She wrote that she set the theme of “Julz on Fire” for this year. It inspired her to get her morning going and do with enthusiasm and vigor those daily chores she tended to drag through. It also inspired her to take on challenges she wasn’t sure she was up to, like running a 10-K.
NY Times Article re Associate Retention Efforts
It will be no news to you that big law firms are struggling to retain associates. Almost all of them suffer from an enlarging associate vacuum after the 3rd year. The national attrition average at the 5 year point is around 80%! It really hurts firms to lose associates during what would be their most profitable years, not to mention the impact on firm morale when so many jump ship.
Some law firms are finally getting the message and starting to develop new associate programs aimed at keeping their talent. Although the programs may feel revolutionary inside the firm, in reality, many firms are just dipping their toes in the water. It’s hard to be forward-thinking and innovative when your whole culture is based on looking backwards and following precedent.
To get a peek at what some firms are doing, read the excellent New York Times article “Who’s Cuddly Now? Law Firms?” published yesterday. Most are trying to create more flexibility. Their plans purportedly allow lawyers to decide for themselves whether they want to be hard chargers racing to the holy grail of partnership, or whether they are willing to accept a later partnership entry in exchange for healthier working hours. It will be interesting to see whether the firm cultures really do reward either path.
A New Year by Design or by Default?
A bright and talented lawyer lamented: “Where did all the money go?” He was a charismatic guy and had attracted a few good cases. Because he was a skilled lawyer, he enjoyed some success. However, when profits began to dwindle, at first he didn’t notice. Then he didn’t know how to adjust his strategy, because he didn’t really have one.
In the business world, companies can’t get financing if they don’t have a business plan. That’s because bankers know that owners who run their businesses by the seat of the pants are more likely to fail. A business plan doesn’t guarantee success, but in the process of creating one, we establish goals. We consider ways to achieve those goals and how to address the obstacles to achieving them. We set a clear intention about how we want to spend our resources of time, money and talent. That clarity of intention helps us make better decisions when opportunities or obstacles arise. Sometimes during planning we have thought through the consequences of various options in advance. Other times we can ask ourselves, “Is this opportunity more likely to move me toward or away from my goal?”