reducing conflict

4 11, 2014

“We Have Met the Enemy, and He is Us”

2019-02-21T23:25:16+00:00By |1 Comment

efficient commander We Have Met the EnemyWhen you’re searching for solutions to personnel problems in the office, take steps to make sure you have accurately identified the source of the problem.You need to uncover obstacles to good performance by your office staff by being sure they have the necessary training, optimal equipment and clear instructions.

What if you’ve done all of these things, but you’re still getting poor performance? Is it time to terminate him?  Perhaps. Perhaps not.

Have you had difficulty finding anyone who could perform these job responsibilities well? Have you had trouble keeping the talent who did perform well? You might first verify that you are paying a competitive salary. If you are underpaying the market, talented personnel may not be attracted to the position, or they may parlay the experience and training they get in your office to a higher paying job. […]

17 09, 2013

Why Can’t We Listen?

2019-02-22T23:23:18+00:00By |Comments Off on Why Can’t We Listen?

20130916 Stephen SchollIntroducing guest blogger – Stephen Scholl

Stephen G. Scholl is a 40-year veteran civil trial attorney who today helps people resolve business and interpersonal conflict without litigation.  As a Peacemaker, he employs innovative approaches that promote healing and restoration of relationships that have been compromised in legal disputes. To learn more about Peacemaking visit www.solveconflict.com or contact steve@solveconflict.com.

When I’m in conflict with another person, listening is tough.  Voices and tensions escalate as the dispute heats up.  Each of us concludes that the other is tuning out.  What happens?  We keep repeating our positions, hoping that the other side will finally “get it.”  In this pattern, either the conflict will intensify further or issues will get stuffed into inventory.  Inability to listen is a major contributor to the deepening of conflict. […]

10 05, 2012

Reducing Culture Clashes in a Small Firm Merger

2019-03-19T21:32:16+00:00By |Comments Off on Reducing Culture Clashes in a Small Firm Merger

“We’re thinking about combining our firm of three lawyers with another small law firm. Do you have any guidance for us on what to consider in making our decision?” Clients ask me questions like this more frequently these days.

In some cases, a booming law practice has rainmakers looking for experienced help. Some senior lawyers in solo and small firms consider mergers as they begin thinking about succession planning. Sometimes young lawyers with developing practices seek to cut per capita overhead by spreading fixed costs across more fee earners. For some small firms, the merger mania in BigLaw has stimulated them to consider their options.

When contemplating a merger, many risks and rewards must be considered and due diligence investigations should be conducted. Culture clashes undermine mergers more frequently than any other factor, however.

When there are only 5 lawyers in the whole office, common values become even more critical. There is nowhere to hide. Variances in strongly held beliefs and values tend to grow from cracks to chasms. They can threaten the productivity, health and work satisfaction of everyone in the office, as well as the success of the firm as a whole.

Fortunately, with fewer people involved in a small firm, it can be a little easier to identify and discuss issues that may develop into rifts in a law firm partnership. Here are a few subjects to discuss.

1. What is your attitude toward money and the firm’s fiscal policy? Do you advocate leveraging debt to help the firm advance quickly and to weather dry spells? Or do you prefer a more conservative pay-as-you-go approach, relying on partners for any bridge loans required during slower periods? […]

3 05, 2007

The Unwritten Rules for Associates

2007-05-03T15:09:53+00:00By |Comments Off on The Unwritten Rules for Associates

When I was a young associate in a big law firm, I began to fear that there were unwritten rules to the game that everyone knew except me. Sometimes I wanted to cry out, “What are the rules? Just tell me what they are! I’ll follow them!”

Gradually over the years I began to figure them out, one by one, often as the result of transgressing them. Sometimes I was fortunate enough to learn a rule by merely observing the consequences of a transgression by another associate. On rare occasions a more senior associate, or even a partner, would bless me by privately advising me about one of the rules.

Law firms really do want their associates to succeed, so why do they seem to hide the rules of the game? Here are my guesses at a few possible explanations:
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1 09, 2005

Behavior Styles Affect Communication

2005-09-01T10:54:42+00:00By |Comments Off on Behavior Styles Affect Communication

“I ask you what time it is, and you tell me how to build a clock!” John said with exasperation. Ben felt confused and, frankly, a little hurt. He just wanted to make sure John had all the facts before making his decision.
***
“What am I supposed to do with this?” Carol asked.
“You file it with the county clerk,” Glen responded.
“I don’t understand, ” Carol said, furrowing her brow.
“You file it with the county clerk,” Glen repeated.
“What do you mean?” Carol said, raising her voice a little.
“You file it with the county clerk,” Glen said slowly and distinctly. Then he turned and walked into his office, feeling exasperated.

[…]

1 02, 2005

Returning Civility to Your Civil Practice:

2019-02-10T23:15:54+00:00By |Comments Off on Returning Civility to Your Civil Practice:

“When I graduated from law school I was proud and excited to be a lawyer, but 20 years later I leave the office every day feeling battered and bruised I feel like the proverbial kicked dog.” Those were the words of one of my clients, a bright and successful trial lawyer.
Are you on the verge of burnout from the escalating incivility in your civil practice? Thanks to the pioneering efforts of some family lawyers, there may be a solution on the horizon.
Minnesota lawyer, Stuart Webb, the “Father of Collaborative Law”, was burning out after 8 years of civil practice followed by 17 years of family law practice. Before giving up and shutting down his firm, however, he began experimenting with new ways of trying to resolve family law disputes, and Collaborative Law was born.

[…]

1 10, 2004

DISCover the Behavior Patterns of Clients, Potential Jurors

2019-02-10T23:15:54+00:00By |Comments Off on DISCover the Behavior Patterns of Clients, Potential Jurors

Does someone in the firm just rub you the wrong way? Tempted to snarl, “Get to the point!” to that smiley, gabby assistant? Does it drive you crazy that someone works slowly and methodically on one project at a time? Or do you feel like firm co-workers are cold and abrupt? You may be experiencing the friction of your firm co-workers’ differing behavioral styles.

In 1928, William Marston, a Harvard University psychologist, published a study that demonstrated that most people tend to have behavior patterns that fall into one or more of four different categories, together known as DISC: D for dominance, I for influence, S for steadiness and C for conscientiousness. The DISC behavior patterns are easy to learn and easy to recognize. Lawyers who understand DISC behavior patterns are better able to eliminate some of the friction in working relationships at the firm, enhance jury selection and improve rainmaking skills.

Here’s an example: By understanding DISC, John Doe, one of my lawyer clients, revolutionized a struggling relationship with his boss. The boss rarely had time for Doe to brief him on the status of projects. Then he would appear unexpectedly, ask a lot of pointed questions and tell Doe to change his course of action. The boss seemed suspicious and distrustful of Doe, who in turn felt boxed in, criticized and undervalued. Doe’s dominant DISC behavior pattern style was influence. T folks are people-oriented, talkative and friendly. They like to motivate and persuade. Often, they are good communicators, although they may tend toward telling long-winded stories. In fact, Doe’s boss once complained to him, “I ask you what time it is, and you tell me how to build a clock.” “people like flexibility and freedom from control. They dislike following up on details, and their greatest fear is personal rejection.
[…]

 

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