When change happens, don't run up the ladder of inference

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When change happens, don't run up the ladder of inference

By Susan Letterman White

Hypothetical #1: Loren has been a partner at Smith, Green, and Post for close to 10 years. Loren is "a team player." Until one year ago, Loren was the "right hand" to named partner Chris Smith. Loren managed client relationships and was the first or second chair in most of the complex litigation that Chris claimed as origination. Loren never complained about the share of the firm profits, although the differential between the firm's highest and lowest paid partners had been widening over the years. Last year Loren was told to develop originations, experienced a pay cut and learned that Chris was giving work to other lawyers, junior to Loren. This year Loren was told that despite finding other sources of work to boost billable hours, Loren needed to leave the firm by the end of the year.

Hypothetical #2: Taylor hung a shingle after years of working in larger firms and as Taylor's firm grew, the time came to hire another lawyer. After much searching, Taylor hired Sydney about six years ago. It took Taylor and Sydney six months before true comfort in the working relationship developed. After five years, Taylor was certain in the belief that Sydney would become Taylor's partner. Their work styles were complimentary and they had become close friends. The past 24 months had seen a significant slow down in work and revenue. Indeed this topic was the first point of discussion for every office meeting. Additionally, Sydney had moved out of state and back home to be near family as Sydney's family grew larger with the birth of children. Sydney had expressed concern about the drop in revenue and the cost to the firm of keeping Sydney on payroll. When Sydney told Taylor of an intention to take a position with another law firm, Taylor was devastated.

Neither Loren nor Taylor wanted the changes they were experiencing to occur. Both were concerned about how to manage the change and still meet their interests, needs, wants, expectations, hopes, dreams, concerns and goals.

People often experience change as an unanticipated and undesirable loss and a "felt need" to change or escape from a particular uncomfortable situation. The simple fact is that we are loss-averse. As Nobel Prize-winning economist, Daniel Kahneman says, "the asymmetric intensity of the motives to avoid losses and to achieve gains shows up almost everywhere." When our thinking and behavior is driven by an intense desire to avoid feelings of loss instead of taking the time to adjust to those feelings and allow them to dissipate at the right time, we stop thinking effectively and instead jump to conclusions. This hinders our ability to move forward strategically and intentionally toward our true interests.

For example, Taylor may be in shock from the surprise that Sydney is leaving. Taylor may also feel a need for more revenue in the business. Instead of first making sense of Sydney's departure in a way that allows forward movement of actions, Taylor may not consider the possibility of maintaining any part of the relationship with Sydney. Instead Taylor may jump to the conclusion that the relationship is over, that there will be nobody with a complementary skill set and the business won't survive. Chris Argyris called this thinking, running up the ladder of inference.

In the previous example, Taylor may be only able to notice a small set of data relative to the departure of Sydney- that the relationship with Sydney is ended. Taylor selected a piece of data and attached a limited meaning - that the relationships with Sydney is over and without Sydney, the law firm couldn't be managed well or easily.

In the example with Loren, Loren's identity as a law firm lawyer may limit options for new positions outside of law firms. If Loren begins with a position that it is better to be a partner in a law firm than counsel in a corporation, Loren won't notice or consider any opportunities that might be a better fit with Loren's personality or interests.

When change happens to you, begin with an open mind and challenge your assumptions about the situation. Find your true interests and possible options.

Questions to ask: How did things change? What are my assumptions about the change(s)? Why? What if my assumption was wrong?

What are my interests, wants, needs, preferences, hopes and concerns? How can I move forward toward my interests? Where should I look for options?

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Technology's Impact on Law Firm Management and Training

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Technology's Impact on Law Firm Management and Training

By Susan Letterman White

Technology and the Disruption of Organizational Structures, Leadership & Management, and Talent Development & Evaluation

Technology will continue to change our workplace, as it has always done. It connects people with each other and new ideas that otherwise would remain separated by vast amounts of space and/or time, while paradoxically diminishing the quality and quantity of contact between people physically near to each other. Technology has eliminated opportunities while creating new ones. In short, technology has created options for new structures to change who can work together, new processes for how they can work together, and new product and service outcomes as a result of what they do.  Many of these changes present growth opportunities for different elements of the legal industry from law schools to law departments, law firms, and individual lawyers. 

Many leaders of professional service organizations look at technology as a disruptive threat to manage instead of an opportunity to leverage for a unique, competitive advantage. The fact that it is now possible to work together across vast expanses of space and time make mega-firms possible. The challenge is leading and managing those firms so that the organization, as an entity, is sustainable.

Indeed, this very challenge is present in much smaller firms, too. In the legal industry, repeated efforts to protect a marketplace position, flow from an argument to protect the public. The argument’s construct is that providing advice and drafting documents is a role reserved for the few people, who have received a certain level of education, experience, and expertise that is difficult to duplicate or automate.  This defensive position requires significant resources and has been limited in the past and additional limitations will arise in the future. The effort put into creating and enforcing laws to protect the public from the unauthorized practice of law could have gone elsewhere.

If the legal industry leaders had been looking for the opportunities associated with change as the Accounting profession moved from the European to the US marketplace, they might have been looking for way to eliminate prohibitions against lawyers and non-lawyers sharing work instead of foolishly trying to prevent the amplifying wave from hitting the shore. They were right to worry about the loss of work to Tax and Trusts & Estates attorneys; however, their response was mistaken and detrimental. Law schools could have developed courses, if not degrees, for aspiring accountants and the lawyers who would share work with them. 

Presently, law schools are missing the opportunity to create degree tracts in regulatory affairs , and law firms are missing the opportunity to provide a lower-cost service, despite the fact that Biotech, Pharmaceutical, and Medical Device industry leaders must have been complaining to their lawyers about the growth of an overwhelming amount of compliance paperwork. In the universities that see the opportunity, the tract is not housed in the law school. In another example, using the old argument that a lawyer, who is too closely connected to a non-lawyer in business can’t be trusted to maintain the independent judgment necessary to represent clients, the ABA has blocked alternate business structures that would allow the existence of publicly-held law firms, eliminate compensation policies that creates too much vulnerability to the organization with too much power in a few individuals, and provide funding to invest in more technology. Unfortunately, the lawyer mindset for change is to see risk and try to eliminate it, while the business mindset is to find the opportunity and leverage it. Finally, who isn’t familiar with Legal Zoom, which has productized many of the services, previously within a lawyer’s offerings and considered too creative for commodity packaging, and reduced the cost to consumers. 

Every one of the examples in the paragraph above begs organization leaders to consider their business model.  Combined with the next wave of changes, aimed at automating high-level management, leaders ought to feel the nudge to consider their talent management and development models, too. Developing and deepening relationships with clients and referral sources has become much more important as client loyalty (or dependency) has diminished. Leadership and management have risen in importance and the tasks and competencies defining both continue to change. Finally, it’s critical to consider the criteria by which talent – at the leadership and subordinate levels – is evaluated and consider options for change.  

The next stage of technology is aimed at automating high-level management and the law firms that remain competitive will consider adjustments to their organizational structure and what it means to be a lawyer, manager, and leader. Research, document drafting, marketing and business development, and invoicing and collecting fees are processes that have been transformed by technology. These transformations raised the importance of project management processes and skills.   

Enter iCEO, a virtual project manager for knowledge-based products. It’s only in Beta; however, in addition to being able to take a complex knowledge-based task and break it down into smaller individual tasks, it is also capable of assigning discrete tasks to knowledge-workers anywhere in the world by using multiple, already existing, software platforms. The latter platforms shake up the notion of a traditional workforce even more than do contract attorneys or moving functional divisions, like HR or finance to back offices located in cheaper real estate markets hundreds of miles from the front office spaces, which has been happening at least since 2001

Amazon’s Mechanical Turk, oDesk and Elance match requests for discrete tasks with workers, who will complete the tasks. Mechanical Turk is essentially a 24/7 virtual workforce.  The platform matches human intelligence workers with thousands of different tasks listed by requestors. When I reviewed the site for this article, one task was described as reviewing the work previously done to extract and verify information contained in a legal document. oDesk is a site for matching any job that can be done on a computer, from writing a blog to developing software, to the right individual, team, or technology tool. Elance lists categories of freelancers in several areas, including legal, marketing & sales, finance & management, office administration, and writing as well as web development. 

iCEO is managed by a person using a dashboard system to assign tasks , which allows the creation of drag and drop assembly lines for the production of a complex end product- for example, a 124-page research report for a Fortune 50 company.  IFTF, the non-profit that created the prototype software ran that experiment. Project management required a single skill, knowing how to use the iCEO software. The discrete tasks that went into the creation of the written report, including images and graphs, were routed across 23 people all over the world. The reduction in time from months to weeks and presumably cost were profound. It isn’t a huge leap from creating this type of research report to creating a legal memorandum on the current state of law on any issue. Law firms and legal departments are already creating proprietary databases with contract clauses from various types of contracts.  Perhaps vendors are too. Imagine the options.

Questions to ask and Ideas to Consider

Here’s the paradox: How can you design a sustainable and tightly-held-together organization and give individuals the independence they want and need?

Organizational Structures

Marina Gorbis, Executive Director of The Institute for the Future, suggests designing the organization to support individual initiative instead of managing to rigidly mold behavior and an expansive organizational network of relationships. Measure an individual’s performance by internal contributions to the business model and the person’s connections and standing in external communities that are important to the business model. Instead of organizing that is driven by a linear hierarchy, consider an organizational design driven by networks of projects and other relationship-drivers.

Structures, or how people are organized and connected and their actions influenced by others, include tangible structures, like office buildings and the arrangement of walls and intangible structures, like formal hierarchies, divisions, and teams, and the informal networks of friends and acquaintances. Places resembling offices, the corporate structure for the storage and flow of information, followed the invention of writing and the need to keep records and for people working on related projects to communicate, for example, banking in 14th Century Florence. The corporate organizational structure, created in the 18th century for the purpose of an efficient workplace, began changing in the 1960s with the advent creative professionals, who were paid to think. 

Management and Professional Development Processes

The project management function is obviously changing right now, even though most law firms barely have been introduced to current project management skills and best practices. So, too, should be attorney development, as is professional development in other industries. The argument that the legal, management, and professional development functions require too much creativity to allow for automation is being eroded and the erosion will continue. As people become more accustomed to receiving services coordinated with the assistance of technology, the benefits of reduced time and cost for technology driven management and professional development will grow. 

Law firms can choose to outsource to companies and individuals routine unskilled tasks like handling mail, reception, or photocopying duties or skilled tasks, like legal research and writing. Project management skills and training are the focus of professional development to leverage new technology opportunities and save time. Management, as a task and skill, has risen in importance and is about to fall in importance just as quickly. Traditional organization structures are becoming less and less important as a new generation of alternative technologies comes into existence.

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The Curious Mindset

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The Curious Mindset

By Susan Letterman White

Developing Curiosity for Better Communication

Curiosity is at the Foundation of Collaborative Communication

Curiosity is the ability to suspend judgment about what you see and hear in favor of gaining a more comprehensive understanding about meaning. In two way communication, we often jump to a conclusion about what we believe the meaning is behind a statement. In particular, people often state their positions instead of stating their interests - their goals, wants, needs, expectations, concerns, motivations, and hopes. People hearing positions then evaluate those positions through their lens of what is fair and reasonable. Options are eliminated before they are even identified because there is not opportunity to first identify interests, discover possible overlaps, and co-design solutions that meet the most important interests of each person.

Argyris and the Ladder of Inference: Instead of curiosity, people often run up the ladder of inference and restrict what they notice, how they make sense of what they notice, and ultimately, their choice in action. It starts when a person begins with a position in mind, which may limit the data the person notices.

The curious mindset begins with a suspension of judgment. Judgment and the allure of proving a position’s value is replaced with asking what information and assumptions are behind your position as well as the statement of others. You wonder and ask why something seems so important. Questions to show curiosity and suspend judgment are:

  1. Why is that important?

  2. Why is that a concern?

  3. Why does that matter?

  4. What leads you to that conclusion?

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6 Tips on Productive Communication

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6 Tips on Productive Communication

By Susan Letterman White

Communication Tips for Productive Conversation Introduction: 

Good communication along with relationship development and management are two interests that are at the foundation of productive meetings, retreats, and conversations, especially those in support of a change initiative. Communication between two people is a two-way process of perception, reflection and sense-making, creating an intention for a reply, and responding. People often start with very different perceptions of events. It’s no surprise that they reach different conclusion about meaning and appropriate responses. Communication Quality refers to the degree to which people understand the messages intended by each other. By listening and checking for understanding, in a back and forth fashion, the two people negotiate a shared understanding. Then, they are able to build on that foundation of shared understanding to identify options and design solutions. This valuable skill improves leadership efforts to drive change initiatives and the efforts of those who are trying with other to make sense of and adjust to changes in their environment.

Principles of Production Communication:

Productive communication solves problems and develops new ideas. It builds mutual understanding and develops relationships. There are six principles of productive communication to support mutual understanding and uncover options for strategic action. They are:

  1. Communicate purposefully

  2. Listen to understand

  3. Suspend judgment

  4. Identify interests

  5. Brainstorm options

  6. Design solutions

1.) Communicate purposefully means that you have a clear intention of how you want your communication to affect another person. Questions to ask yourself before you communicate include:

  • What is your purpose?

  • What are the messages you want to send?

  • To whom is each message directed?

  • How can you best convey your message?

2.) Listen to understand means that you listen to another person without planning your response. After carefully listening to understand the person’s interests, you ask questions to check whether or not your perception of the communication is what the person intended to communicate to you. Statements to seek understanding are open ended questions or requests for elaboration and begin with:

  • Let me see if I understand, you said…

  • Did you mean…

  • Tell me more about…

3.) Suspend judgment means that you are curious to discover what information and assumptions are behind a person’s statements. You refrain from stating your position and arguing and instead you state your interests. You wonder why something communicated is important to the person communicating. Questions to show curiosity and suspend judgment are:

  • Why is that important?

  • Why is that a concern?

  • Why does that matter?

  • What leads you to that conclusion?

4.) Identify interests means identifying goals, wants, needs, expectations, concerns, and hopes.

  • Disclose your interests.

  • Listen for and acknowledge the interests of others.

  • Clarify your understanding of others’ interests.

  • Look for and identify shared interests.

5.) After everyone has had an opportunity to identify their interests and understands the interests of others, the group can brainstorm options to satisfy as many interests as possible. It is not the time to evaluate the options. It is the time to generate as many options as possible. Look for and identify shared options.

6.) Designing solutions means jointly discussing the options and how each satisfies interests. It is the time for evaluating solutions. Look for fairness, reasonableness, and the ability to implement the solutions. Do you need to add in time management or accountability processes for ideal solution implementation?

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ERG's to CERG's

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ERG's to CERG's

By Susan Letterman White

Employee Resources Groups (ERGs) historically have been an effective tool for developing workplace inclusion. They are a structure or grouping of people who are exposed to each other, form relationships, and share information and experiences. Organizations that want to be known as places where everyone has a fair chance to succeed and as having a positive reputation with regard to diversity, equity, and inclusion discovered the invaluable nature of networks of voluntary, employee-organized communities that foster connections between employees that share similar interests, characteristics, or backgrounds. Most commonly, employees of similar ethnicities, gender identities, or sexual orientations form employee resource groups to give them a safe space to discuss their experiences at work. They build psychological safety and give a collective voice to individuals that share a sense of marginalization or a voice that has been underrepresented in workplace narratives.

What if we reimagined the possibilities of ERGs? Would it be possible to structure them in a way that expertise and power are also exchanged across differences in addition to information and experiences as relationships are formed? We think of ERGs as groups of people with significant commonalities.  What if we thought about how to bring together people who have more differences than things in common? Could the right differences create the context where the relationships lead to an exchange of expertise for valuable opportunities?

I have two examples to offer, which I call Community + Employee Resource Groups (CERGs). They can serve as models for future design: the Boston gym, Inner City Weightlifting and the New York City research collaboration with local universities, Town + Gown. Each of these is attractive to a diverse group of people with different skills and needs. They are win-win for the people involved and an additional “win” for the larger community. They build valuable relationships across differences, the necessary ingredient for creating more diversity at higher levels of power and leadership in the workplace and community in which that workplace exists.

The Boston gym Inner City Weightlifting (ICW) pairs trainers from lower-SES backgrounds with more affluent clients. The trainers have the expertise and this flips the power dynamics, otherwise based on SES and creates a genuine form of inclusion. Trainers get access to new networks and opportunities and clients gain new insights into complex social problems, like inequitable incarceration in addition to weight training expertise. 

New York City’s Town+Gown is a systemic action research program that focuses on the Built Environment. The program engages students interested in local urban planning in research questions of importance to various city agencies involved in construction and development projects. It is a public-private partnership among entrepreneurs, city agencies and the academic community. The City gets exposure to talented students and researchers in local universities and students get exposure to the City workforce. Universities are one area that often focus on building internal student body diversity, making them a good source of City exposure to a pool of talented people across a variety of differences. Cities and state governments with easy access to local universities and an interest in building a diverse leadership pipeline should consider launching a Town +Gown program. The added benefit is that the design of the program is to come up with innovative solutions to important problems.

The benefits of CERGs make sense and are aligned with the data recently published in two research papers on increasing economic mobility of low socioeconomic status (SES) people through exposure to high SES people. The key message is that in a context that both exposes people to others who are socially diverse and encourages the development of true friendships, it is possible to create the exchange of valuable benefits that include the extension of a valuable opportunity by a person who has access to that value.

Social economic status (SES) is the relative position and power a person has in a society based on a combination of their social and economic position, access to resources, and work experience. Many studies have shown that if you are connected to people who are more educated or affluent you are more likely to be the beneficiary of valuable information, mentoring, and job prospects. It can also shape your aspirations. Additionally, there are many studies that have shown how a person’s social networks influence their adherence to social norms. These two recent papers show that it is not exposure between these two SES groups is not enough. The context in which the exposure takes place makes a difference. The context must be one where friendships are forged. The paper introduces the concept of “friending bias,” defined as “the tendency for people with low SES to befriend people with high SES at lower rates even conditional on exposure.”

Policies and processes shape contexts.  For example, smaller groups are more likely to encourage friendships. Contexts where the power dynamics are flipped is another. The Boston gym Inner City Weightlifting (ICW) pairs trainers from lower-SES backgrounds with more affluent clients. The trainers have the expertise and this flips the power dynamics, otherwise based on SES and creates a genuine form of inclusion. Trainers get access to new networks and opportunities and clients gain new insights into complex social problems, like inequitable incarceration in addition to weight training expertise. Peer mentoring programs, like this, that flip the delivery of expertise will empower as the expert the otherwise socially marginalized and underrepresented group and make dependent the otherwise socially empowered group. This re-equilibration opens the door for a real friendship to happen and for the sharing of valuable opportunities for subsequent SES change possible.

Our natural tendencies for developing friendships and the flip side, the friending bias, can be reduced if we understand how to create the right context so that exposure across differences gets the right conditions to make a difference. It comes as no surprise that friends are often those who cross paths with regularity, such as coworkers, classmates, and people we run into at the gym. That’s the exposure piece of the equation. Social identity, it seems, is also part of the equation. Apparently, we like people who support our current view of ourselves.

Communication facilitates the first two essential behaviors: self-disclosure and supportiveness, both necessary for intimacy. We must be willing to extend ourselves, to share our lives with our friends, to keep them abreast of what's going on with us. Likewise, we need to listen to them and offer support.


What makes a friendship https://www.psychologytoday.com/us/articles/200611/friendship-the-laws-attraction

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Why Conflict is Good

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Why Conflict is Good

By Susan Letterman White

Conflict is a natural consequence of differences. People have differences in what they notice and miss in their world view, how they make sense of what they notice based on their experiences in life and what they want for the future, how they express their ideas, and their emotional reactions to different situations. These differences are what help groups see new avenues for achieving shared goals or to re-conceptualize what they want for the group and themselves individually. Conflict, when re-conceptualized as a challenge, signals opportunities. The benefit comes from the pause leading to deeper thinking, creativity, and understanding of differences that lead to different and options for resolving the challenge.

Unresolved conflict, however, can have disastrous consequences for a group that otherwise has the potential for unstoppable success. It can frustrate, anger and cloud perception, become verbally or physically violent, reduce morale, increase stress, and decrease productivity. The energy around conflict can lead to creative solutions or like a pot of boiling water can either explode over the sides or dry up and ruin the pot. Why does some conflict result in innovation, while others just ruin the “pot?”

It seems there are two types of conflict: relationship conflict, which is personal and emotional and task conflict, which is about ideas and opinions. It also seems, based on research Adam Grant discusses in his book, Think Again, teams that perform poorly start with more relationship conflict than task conflict.

Conflict is inevitable in a healthy workplace. The Thomas-Kilmann model explains five possible approaches to ending conflict. These approaches stem from how that person experiences conflict and their initial reaction. They might try to avoid it, accommodate the other party involved with them in a conflict, find a compromise to end the conflict, collaborate with the other party to find a sustainable solution, or compete to win. Superimposed over a default tendency a person has for approaching conflict is that person’s natural tendencies in communication.  The Social Style model explains four possible communication style preferences that may appear more or less: (1) analytical, (2) focused on resolution and action, (3) supportive of others, or (4) enthusiastic and imaginative. So, although conflict is healthy, productive managing the energy around conflict is a high-level leadership skill that is not taught in traditional academic programs. Too often the conflict in a discussion is not about the ideas, but about the tension created because ideas are communicated in ways that trigger a strong emotional reaction when received. 

Productive conflict happens in a group of people, who trust each other to point out blind spots, are humble about their personal expertise, and push each other to be curious about new perspectives. They, fearlessly or with courage, question the status quo and demand re-thinking as a group. This happens only when the relationship bonds are strong and individual goals are to elevate the work of the group and not simply give and receive ego-building praise.

So, this means to harness the “good” in conflict, the group must reduce relationship conflict and learn how to manage task conflict productively. Reduce relationship conflict by strengthening or eliminating relationships that are fraught with personal animus. They are destructive to the important work of the group. Improve the individual emotional intelligence of group members. Emotional intelligence begins with developing an awareness of one’s emotions in the moment and learning to quell strong emotions when they interfere with productive conflict.

Reduce task conflict by reframing the conflict as a challenge that is collectively shared. Introduce discussion norms to make explicit the emotional triggers resulting from how ideas are communicated and how to reduce destructive emotional energy, while preserving productive emotional energy.  There are six principles of productive communication:

  1. Communicate purposefully 

  1. Listen to understand 

  2. Suspend judgment 

  3. Identify interests 

  4. Brainstorm options 

  5. Design solutions 

1. Communicating purposefully means that you have a clear intention of how you want your communication to affect another person. Questions to ask yourself before you communicate include: 

  • What is your purpose? 

  • What are the messages you want to send? 

  • To whom is each message directed? 

  • How can you best convey your message? 

2. Listen to understand means that you listen to another person without planning your response. After carefully listening to understand the person’s interests, you ask questions to check whether or not your perception of the communication is what the person intended to communicate to you. Statements to seek understanding are open ended questions or requests for elaboration and begin with: 

  • Let me see if I understand, you said… 

  • Did you mean… 

  • Tell me more about… 

3. Suspend judgment means that you are curious to discover what information and assumptions are behind a person’s statements. You refrain from stating your position  and arguing and instead you state your interests. You wonder why something communicated is important to the person communicating. Questions to show curiosity and suspend judgment are: 

  • Why is that important? 

  • Why is that a concern? 

  • Why does that matter? 

  • What leads you to that conclusion? 

4. Identifying interests means identifying goals, wants, needs, expectations, concerns, and hopes. To do that:

  • Disclose your interests.

  • Listen for and acknowledge the interests of others. 

  • Clarify your understanding of others’ interests. 

  • Look for and identify shared interests. 

5. After everyone has had an opportunity to identify their interests and understands the interests of others, the group can brainstorm options to satisfy as many interests as possible. It is not the time to evaluate the options. It is the time to generate as many options as possible. Look for and identify shared options. 

6. Designing solutions means jointly discussing the options and how each satisfies interests. It is the time for evaluating solutions. Look for fairness, reasonableness, and the ability to implement the solutions. Do you need to add in time management or accountability processes for ideal solution implementation?

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Is Your System Ready for Change?

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Is Your System Ready for Change?

By Susan Letterman White

Implementing culture change for organizational goals of increased revenue and  profit, actual inclusion and equity, or stronger capabilities and productivity never happen unless the collective organization system is sufficiently ready.

One of my first consultation projects was for a professional services firm that had hired another consulting firm to create a strategic plan, which sat on a shelf, collecting dust. This was before the digital revolution. Recently, in the local news, I read of a city (not our client), whose leaders were criticized publicly for not making the changes recommended in the city’s diversity, equity, and inclusion strategic plan delivered over 18 months earlier. These cases demonstrate the complexity of a culture change project and that even the best strategic plans do not spur people into action if collectively, they are not ready. But, when is the system ready for a culture change?

Over forty years ago, Beckhard and Harris developed a cost-benefit formula to explain change readiness. (1) It asked the question:

Is the collective dissatisfaction with the status quo plus the clarity and desirability of the vision for the future plus the knowledge of what to do to change, greater or less than the personal cost of change or points of resistance to change?

Impediments to organizational change readiness may be logistical barriers or psychological barriers. Often, both are present. 

Logistical readiness means that an organization has sufficient resources, capabilities, information flow and a low level of competing demands on the people expected to design an implementation strategy and then execute it. Sufficient resources means that the organization has enough empowered leaders to serve on a Steering Committee to design an implementation strategy, and also sufficient resources to follow through. Capabilities are sufficient when people tasked are able to distill goals into discrete actions, develop implementation plans that clarify who will do what by when and how, and have the ability and desire to create the changes anticipated. Information must be available to the people who need it when they need it and they must be able to use it effectively and efficiently. Finally, because time is the most precious resource, if there are competing demands on the people involved, their ability to design and executive the implementation plan will be split and diluted. 

This is what typical implementation planning involves. Someone convenes an Internal Steering Committee that may decide to seek perspectives and assistance from an External Steering Committee. Committee members design the implementation plan details and after roles and responsibilities are assigned, execution begins. At some subsequent time, data is collected to assess the progress toward the goals of the original strategic plan. The process iterates or is scaled up. Logistical readiness means people have the resources and capabilities to make specific changes happen. How strong is your organization’s collective confidence that people have the necessary resources and capabilities to implement the complex organizational change envisioned?

Psychological readiness is more complicated. It’s about people’s emotions and beliefs. Changing those is much more difficult than changing a single process. In fact, changing collective beliefs and feelings may require multiple, simultaneous changes (2) to the organization context combined with powerful, prolific, and persuasive communication. 

A typical implementation process for organizational change requires collective action by many people. When people are not similarly and strongly committed, problems arise and resistance may grow. (3) Additionally, because people generally process change as a loss, the organization needs an “adaptive” or “growth” culture to overcome resistance flowing from the fear people have of making a mistake and embracing anything that is new and different. 

The emotions and beliefs related to commitment flow from how important, beneficial, and worthwhile changes are perceived to be. How strong is the collective belief that the changes proposed are urgently needed, solve an important organizational problem, or will produce benefits for them personally? Do the changes resonate with the collective core values? Are the changes clearly and obviously supported by the collective’s formal leaders, opinion leaders, and peers?

An organization’s culture will

“align effort, engender shared sensemaking, increase predictability, and encode organizational lessons” through a  “shared set of values (what we care about), beliefs (what we believe to be true), and norms of behavior (how we do things).”

An adaptive or growth culture encourages motivation, passion, taking risks, being curious, making and learning from mistakes, tenacity, and resilience. Unfortunately, many organization cultures have a fixed theory of intelligence, a belief that intelligence is a stable trait based on sheer brainpower and IQ. This is a serious source of resistance to creating a culture of equity and inclusion, physical or psychological safety, or innovation of any sort. What do your policies, processes, and procedures signal to people about embracing any culture change? What criteria are being used formally and informally to evaluate performance? 

As an organization leader, when your goal is to change culture, begin by assessing system readiness for change and developing a strategic plan to increase readiness well before it is time to design the implementation strategy.  

(1) Beckhard, R. and Harris, R.T. (1977). Organizational transitions: Managing complex change. Reading, MA: Addison-Wesley Publishing Company.

(2) Weiner, B.J., A theory of organizational readiness for change, Implementation Science (2009).

(3) Id.

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DEI:  How Leaders Drop the Ball

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DEI: How Leaders Drop the Ball

By Susan Letterman White

Leaders expect results, organizations fall short, time and money are wasted, and frustration builds. 

How did that happen? How do you fix it? 

Expectations and effort are not enough. An equity audit is not enough.  Diversity, equity, and inclusion (DEI) training is not enough. 

Hastings Law Professor Joan Williams reports in Fortune magazine that organizations spend some $8 billion a year on diversity, equity, and inclusion (DEI)­—and see remarkably few results. Leaders are trying sincerely to bring a more diverse workforce into their organizations, yet, despite expending large amounts of time and money to drive high expectations, their approaches are ineffective. They begin with an equity audit or hire outside experts from the best universities to explain concepts like implicit bias and systemic racism. Neither is sufficient alone or even together. 

As a current DEI practitioner and former managing partner of a law firm, I've provided assessment, training, coaching, and facilitation for high level executives at law firms, municipal government, and state and federal government agencies in transportation, healthcare, and finance.  I've worked with top leaders and executives who have a sincere desire to change their organization to a more diverse, equitable, and inclusive culture. When we work together, they experience positive change. However, most leaders, who are failing to achieve their organization’s expected results, drop the ball by not continuing the work. 

Too many leaders waste time and money trying to address DEI problems without sustainable results. The problems are systemic problems and the solutions should be systemic, too. DEI challenges are not solvable with a single intervention. Real, sustainable change requires ongoing efforts throughout every level of the organization.

Every organization has opportunities for systemic change. Yet, most organizations stop after making a single change at a single level of the organization, like training individuals to change how they think and behave. Every organization has opportunities for sustainability. Instead change efforts stall after an equity audit or a training series as if DEI is a “one and done” proposition.

An Equity Audit Is Not Enough

Leaders drop the ball when they don’t leverage the momentum built from an equity audit.

Leaders seek equity audits because they have recognized the symptoms of systemic issues of inequities, like disaggregated data showing implicit bias-based disparities in hiring, compensation, and/or promotions or listening sessions that generate qualitative data of implicit bias-based disparities in how people are treated in workplace meetings and team conversations.  Collecting and analyzing equity data and then creating the strategic blueprint is not enough.  Leaders must take the next step and call their team together to collaboratively design and implement a plan based on the blueprint, yet many organizations never go through the required steps and wonder why they are unable to execute the strategic blueprint provided by the racial equity audit.

This failure phenomenon is not limited to DEI projects. HBR reported that statistically, approximately 70% of change projects fail. There is debate on the accuracy of this statistic; however, there is no debate that according to 2008 research from IBM, the need to lead change is growing, but our ability to do it is shrinking. McKinsey reported that 70 percent of change programs fail to achieve their goals, largely due to employee resistance and lack of management support. Even when people are truly invested in change the success rate is only 30 percent more likely to stick.

DEI change recommendations have a better chance of being implemented when leaders quickly transition into implementation planning and execution of the strategic plan. If leaders hesitate pushing positive change forward, the organization loses momentum. To recover, takes additional time, money, and workforce effort. One of my first clients called me after this exact experience.

The law firm had hired a well-known consulting firm to develop a strategic plan. It sat on a shelf collecting dust because firm leaders had not been able to translate the strategic plan into an implementation plan, which often requires discussions about roles, responsibilities, and timing. Often, difficult discussions about trade-offs in resource allocation and sometimes difficult decisions about changes to a business model arise. The avoidance of difficult conversations combined with the absence of clear roles and responsibilities was enough of an obstacle to stall the entire process. By the time they called for help, any motivation and energy for the work, first had to be recovered.

DEI Training Is Not Enough

Leaders drop the ball when they make training their only DEI initiative.

Equity audits almost always include a recommendation for extensive DEI training. The strongest leaders may not be inclusive leaders and even the best effort at fairly evaluating individual performance is often not equitable. They will benefit from training. Training is also an easy initiative to launch. Leaders delegate the training design and delivery to external experts or their learning and development department. Leaders then “show up” and learn, like anyone else at the training. The time demand on leaders is minimal as compared to other DEI change initiatives and a leader can say they did something. Unfortunately, what often happens is that training is the first, and often, only DEI initiative. Similar to an equity audit, the bulk of the work and time is delegated, while giving leaders credit for DEI efforts. Also similar to the equity audit, the initiative has a high likelihood of not achieving the expected DEI results without the right follow-through from leaders. The follow-through with training is the immediate application of learned material to a DEI challenge and the intentional spreading of DEI competencies learned to others in the organization through behavior modeling and using feedback effectively. 

Systemic problems are never addressed with an initiative aimed to improve individual skills and performance. Systemic problems require systemic solutions. While DEI leadership training is a solution aimed at individuals in an organization, adjustments to policies, processes, and structures are systemic solutions aimed at the organization as a whole. Equity audits include recommendations for changes at the organization itself.

If roles, responsibilities, lines of authority, and collaboration requirements are unclear in job descriptions, then implementing change is difficult or impossible. If the culture does not favor a growth mindset - the openness to discuss and learn from mistakes - then people in the organization will behave in alignment with a culture that encourages excessive  defensiveness and inhibits learning and change. If communication is flawed, either the right messages are getting lost or the wrong impressions are left unexamined. If the hiring, evaluation, and promotion processes are inequitable; i.e.,they use decision criteria that are not objectively measuring the ability to do a job or apply objective criteria through an implicitly biased lens, then disparities will continue to define the status quo.

Equity audits always identify organization-level strategies, yet too often, they remain as ideals or long-term goals. They require more time and effort to put in place and, unlike training, there is no option to simply schedule an event and then “check-the-box” for completion. 

Fixing the Problem

Leaders meet expectations when they follow through

Take these steps to sustainable and systemic change that increases diversity at all levels and strengthens a culture of equity and inclusion.

An Equity Audit - A robust equity audit that identifies strategies for change at all levels of the organization is the first step. Without the result of an equity audit - the blueprint or overarching strategy for improving diversity at all levels of the organization and a culture of equity and inclusion - you won’t know where to focus your efforts. 

Designing Your Implementation Plan - Leverage the momentum of your equity audit and put the recommendations into action right away by bringing the right people together to collaborate on the development of the strategic implementation plan.  The “right” people are those who will be expected to implement any action step of the plan and those who will be affected by changes anticipated. These are changes at the organization level to structures, processes, resource allocation, and communications and selecting who is responsible for doing what by when to make those changes a reality. This is often the first time the points of disagreement surface and why including an outside facilitator to help transform conflict into a productive discussion that builds commitment, engagement, and motivation in addition to help with prioritizing initiatives is wise. 

Executing the Implementation Plan - Once you have a strategic implementation plan that dictates who is responsible for doing what by when, start the execution.  Execution is an iterative process where improvements are expected at every cycle.  When problems and obstacles arise, it’s time to develop strategies to eliminate or navigate around them.

Having Difficult Conversations -  The iterative process of executing a strategic implementation plan always surfaces points of resistance from anyone affected by the change work and disagreement among executives. Do not avoid these conversations.  

Making Difficult Decisions - Resistance can stop or stall progress. Do not avoid making these decisions. Get help from a facilitator who is experienced with conflict management.

What Next? 

Leaders are already demonstrating their commitment by allocating resources, like time and money. If your organization has done an equity audit it’s time to plan for its implementation.  If your organization has done training it’s time to aim more broadly and consider how to change processes and structures. Sustainable improvements will follow as long as actions continue.  As a leader you can change your organization and the time to do it is now. 

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The Power of the Pause

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The Power of the Pause

by Ashley Coleman-Fitch

Take one minute right now to pause– to do nothing for even just ten seconds. 

What did you do with your pause? 

How did it feel? 

How do you feel now on the other side of that pause? 

I recently facilitated a group working to build a more inclusive culture within their organization. As this group of primarily outspoken leaders contemplated how to bring the more reserved members of their teams into important conversations, the topic of silence came up. “We all need to pause,” one participant said, “[but] when I pause, I hear nothing. The silence is killer– not hearing that engagement on the other end.” There were murmurings of agreement. It seemed that the group understood all too well the risks of a lull in the conversation and accordingly, like many of us, had become practiced at avoiding these lulls by filling the space. But what happens, I challenged them, when we allow that silence and embrace it? 

As we discovered through our discussion, four powerful things happen: 

  1. We allow ourselves space to think and respond mindfully

  2. We create space for others to enter the conversation

  3. We listen to the quality of the silence 

  4. We breathe… and so does the conversation

Responding Mindfully 

The essence of mindfulness is the practice of pausing to acknowledge the present moment and allowing our whole selves– our physical, mental, emotional, and spiritual selves– to show up in a space. When we are more attuned to the world around us, we begin fostering cultures of inclusion in diverse settings. Some experts argue that cultivating mindfulness is the most important step in developing intercultural competence, the individual precursor to developing cultures of inclusion.  Cultural competence expert Stella Ting-Toomey suggests that we must not only pay attention to ourselves– to our assumptions, to our internal dialogue, and to our emotional reactions– but also to others, “becoming exquisitely attuned to the other's communication assumptions, cognitions, and emotions.” (1) We begin to see more, to listen better, and to take in each interaction with the whole of ourselves, approaching the unfamiliar with curiosity and compassion rather than judgment and intractability. “To be mindful of intercultural conflict differences, we have to leam to see the unfamiliar behavior from multiple cultural angles.” 

The Buddist monk, spiritual leader, and peace activist  Thich Nhat Hanh writes, “Whenever we feel carried away, sunk into a deep emotion, or caught in thoughts about the past or future, we can return to our breathing to collect and anchor our mind.” (2) Nhat Hanh invites us to pause, to breathe, and to gather ourselves before moving forward– to become present and take ownership over our response. In this way, we give ourselves time to digest the present moment– what happened, as well as our emotional response– before responding, resulting in fewer gaffes and missteps in the conversation. Additionally, this practice allows each of us a moment to check our implicit biases and blind spots, consider the perspective we are speaking from, and purposefully attune our response to our particular audience to ensure that all aspects of our message– verbal and non-verbal– are heard and received by our intended audience, thereby also decreasing the likelihood that we might unintentionally offend someone we are attempting to connect with. Maybe it sounds like a lot of work, but it’s the work we need to do to connect better and be more whole and human, which feel like worthy goals. 

In addition to encouraging your full, authentic self to be present and helping you check your assumptions, biases, and blind spots before putting your foot in it, pausing to become more mindful does one other thing almost by accident: It makes you a more powerful, eloquent orator.

 As a facilitator, my role is to guide the conversation– to highlight pivotal ideas and help my participants get past blockages to dive deep into the subject. It can be tempting to talk, but after years of facilitating, I know that mine is the least important voice in the conversation. Truth and solutions are most powerful when people discover them themselves, so my goal is to talk as little as possible, keeping the spotlight on the most important people in the room– the people doing the work. It took me time to appreciate the value of saying less and even more time to learn to use silence as emphasis, highlighting the key part of my message. Embracing silence made me choose my words more intentionally, making my message more powerful and resonating in the silence that followed. It took me even more time to skillfully leverage silence to encourage my participants to become fully engaged and invested, allowing me to step back into the role of coach and guide. That is the power of the pause– its stillness acts as a catalyst for creativity and an invitation towards action and engagement. It invites flow– authentic energy exchange.  

An Invitation to Enter

“I grew up in a big family. If I didn’t talk over people, I’d never be heard.” one participant commented. There was lots of nodding and noises of assent around the table. 

Someone else offered, “I grew up in a family where it was not ok to interrupt someone who was speaking. It was deeply ingrained in me:  Wait your turn to speak… or else,” she finished laughing. 

The dichotomy of these two statements illustrates several important things for leaders to remember as they work to facilitate inclusive discussions: The deeply ingrained patterns that may never be articulated but show up in every exchange we engage in, the differences in communication styles, and, as a leader and facilitator, the necessity of attending to all of these different styles and carving out space for each of them in the space.  

Just as people enter a space differently– some strike up a conversation before they’ve even entered a room while others take a lap, mapping out the lay of the land before settling in while still others need to nest first– people enter conversations differently as well. Some dive right in, always the first to speak; others wait to be invited. As a leader and facilitator, it is important to be mindful of these different styles and leverage silence as a tool to level the playing field. 

A purposeful pause is an invitation. It allows your audience– learners, attendees, participants, peers, etcetera– space in the discussion to breathe, to digest your message, and to formulate their own mindful response. People are allowed to respond to what you have said silently, reflecting on both your message and their reaction before feeling pressured to respond back. 

Listening to the Silence

Have you ever gone out in the middle of a snowstorm and listened to the snow fall? There is nothing more emblematic of a peaceful moment than listening to the whisper of those tiny flakes shushing themselves into tiny piles. The world is muted, and for a moment, it’s easy to get lost in the stillness and the magic of the moment. 

But why is that moment so magical? What is it about snow that transports us and invites us to simultaneously get lost and be present? Its visual qualities aside– striking as they may be– part of snow’s magic is its ability to mute the world– to impose silence and stillness on a world that is constantly moving. And in that silence we find peace. 

Most of us are aware, at least peripherally, that every silence has its own quality: some silences are pregnant, full of anxiety and anticipation; others are tense, holding all of the unnamed feelings in the space; others feel dead, devoid of life or engagement; while still others can signal contentment and mutual understanding, a freeing from the usual din of small talk to be replaced by amiable presence with another. 

As facilitators, we are often so afraid of those uncomfortable silences, or worse yet, those dead silences that likely indicate that we have lost our audience, so instead, we fill the silences with our own noise. In doing so, we miss one of the richest sources of information that could tell us not only how our message is being received but who is receiving it and how. When we actually pause to listen to the silence, it speaks volumes. Armed with this new information, we can then better adapt our next steps to respond more effectively and guide the group toward the desired goal.   

Breathe

A pause in a conversation is like the blank space between paintings in a museum or gallery– it gives the mind space to rest, digest, and reflect before moving on to the next. It invites each of us– and the conversation– to breathe, to take in all of the nuance and complication embedded in our messaging, and to respond thoughtfully, as our whole authentic selves. 

Pausing to breathe, to contemplate, to respond makes us more effective communicators. It makes our message more powerful and leaves room for us to become more generous and compassionate listeners. This might be the most important skill in both understanding others and making them feel heard and valued, thus fostering community development based on authentic inclusion and belonging. 

Viktor Frankl once said, “Between stimulus and response there is a space…In that space is our power to choose our response. In our response, lies our growth and our freedom.” Create space to nurture your growth. Pause. 



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How to Respond to Microaggressions

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How to Respond to Microaggressions

By Susan Letterman White

Microaggressions are commonplace daily verbal or behavioral slights that are often unintentional, yet communicate hostile, derogatory, or negative attitudes toward culturally marginalized groups. As leaders, it is important to act in ways that contribute to a culture of inclusion. That means considering what you will do when you are either the recipient of a microaggression or the observer of a microaggression directed at another person.

Whether to act or stay silent depends on many factors and the decision of whether to act, and if, what to say or do, is an example of a difficult leadership decision.  Factors to consider include what the actual recipient of a microaggression wants, the good of the entire group or organization in which the event happened, the timing and surrounding circumstances of the event, and if action is the conclusion should it be done publicly or privately.  

Additionally, you should consider whether acting will escalate a situation in an unhelpful or dangerous way.  Is there a risk of danger to physical safety? Will the utterer become excessively defensive in a manner that is better handled privately or not alone? If the relationship is important to you, how will what you say affect the relationship? 

Some scholars have criticized the microaggression concept thinking it promotes psychological fragility and possibly stalls the development of skills to stand up for oneself. Certainly, the developmental trajectory of the individual recipient is important, as is what the individual wants to happen. Regardless, there is no excuse for leaders who do not recognize the harm microaggressions can cause and consider what they will do when it happens.

It takes courageous leadership to manage one’s emotions and also the behaviors of others in conflict situations. When a person uses a microaggression, regardless of whether it is aimed at a particular person or just offered as a poor joke, that action sets up a conflict, because, at the very least, it should not be an acceptable behavior in an inclusive workplace. 

The conditions that contribute to or subtract from leadership courage are rarely discussed. There are four conditions that all leaders should cultivate.

First, they should have a mental health, self-care routine.  When we feel emotionally well, we are better able to think constructively, call on a reserve of energy, and have difficult conversations. 

Second, leaders should be able to reframe a difficult situation as a challenge and ask: How might I address this challenge? Related to this concept is the third condition. Leaders should conduct a cost-benefit analysis that highlights the benefit of being courageous, which often means not falling back on default ways of thinking, feeling, and acting and instead practicing new and different approaches. For example, if speaking up seems like the right decision, but also difficult, highlight the benefits of acting and the risks of doing nothing. For example, you might say, “Do I want to stay silent and feel bruised and belittled or do I want to speak up and feel my self-worth and power as a leader here?”

Finally, leaders should remind themselves of a commitment to developing a growth mindset and putting that to use.  If the behavior seems challenging and difficult, it ought to signal a growth opportunity for learning or honing a valuable skill. Lean in and grow as a leader. Growth is often better as a team sport. If you are able, form a leadership support group where you can share stories of trying, learning, and growing and introduce a cultural norm where leaders prize the attempts of their colleagues and direct reports who share such stories.

Courageous leaders may be ready to say or do something in response to a microaggression and still not know what to say or do.  If it happens to you, it’s your choice whether to act or not. If you observe an event, it may be your responsibility to act or act in a particular way to comply with organization rules.  

If you decide to act, use feedback approaches that have the highest likelihood of being beneficial.  A skillful feedback response is delivered as close as possible in time to the event, criticizes the behavior rather than the person, uses “I” statements, and is clear about the behavior that must change.  For example, you might say, “When you said X, I felt Y.  In the future, I would prefer if you did not say/do X.  I understand that you may not have intended me to feel this way. Perhaps you were making a joke or you think I’m overreacting. However, our working relationship is important enough for me to speak up. I hope you understand. 

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Creating a Diverse Organization with a Culture of Equity and Inclusion

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Creating a Diverse Organization with a Culture of Equity and Inclusion

By Susan Letterman White

Advice on creating diversity, equity and inclusion in any organization usually begins by directing an assessment and following with changes to meet minimum legal standards followed by training. Although arguably necessary, this formula falls short of being sufficient. After all, what is the formula for transforming ordinary leaders into leaders, who drive the creation of diversity at all organization levels and a culture of equity and inclusion?

Certainly this type of systemic change requires leaders capable of respectful interactions, curious about people’s capabilities that often go unnoticed or discounted, and a willingness to help people achieve. But, even this disambiguation begs the question of why organizations and society-as-a whole are not making enough progress. This article spots the common snags that hold back systemic change to create a more diverse organization with a sustainable culture of equity and inclusion and shares solutions.

The Equity Assessment Snag

Equity assessments often skip measuring cultural indicators of system motivation and readiness for change. Motivation and readiness measure state of mind and emotional power to drive or block change efforts. Equity assessments must assess these measures in three groups of people; those who have the power to make necessary changes, those who have the power to affect the thinking and emotions of others in the organization who can either block or drive necessary changes, and those who will be affected by and involved in change implementation.

Equity assessments are usually quite detailed in what needs to be different and better, but unaware of informal networks where people share and reinforce their values. These networks entrench current attitudes and behaviors and are obstacles to motivation and change readiness. Knowing the opinion leaders and their opinions and the people who have the power to connect people and integrate different values is a data point often overlooked, yet the one that will drive change forward or block it. [1]

Some assessments include a stakeholder analysis; however the definition of stakeholder does not include informal influencers. When defined as a person with vested interest in something and who is impacted by and cares about how it turns out, it excludes those who are not at all interested or are interested in maintaining the status quo. Often, change leaders are unaware of the identities of informal influencers.

Indicia of motivation and readiness to change include assessment of why this change is personally important and degree of willingness to try using new behaviors and the tenacity to continue practicing them when mistakes are inevitable. Equity assessments that investigate organizational culture regarding a growth mindset or individual values regarding equity are rare.

The Talent Cycle Snag

Although it is easy to get experts to agree that people influence organizational performance, those same experts often forget that employee performance is overwhelmingly driven and reinforced by each distinct process in the talent cycle. A detailed review of each process with analysis of its effect on how people think, feel, and act is barely given adequate attention. Similarly, little thought is given to the behaviors considered indicative of capability.

Talent cycle processes, including the identification of decision criteria, are:

Recruiting,

Hiring,

Onboarding,

Performance evaluation,

Development,

Advancement,

Reward and recognition,

Engagement and wellbeing, and

Termination.

Capable performance is often detailed as skill only, yet motivation is equally important. “Expertise, knowledge, and skills will not produce great results if employees are unmotivated.” [2] Instead, people need to understand how their behavior influences a performance measure that personally affects them and they need to care about the personal effect.

If your organization’s talent cycle integrates values that are unimportant to the people you need to drive a change effort or fails to integrate values that are important, motivation wanes where it cannot. When an organization espouses values that are not integrated into the talent cycle, skepticism and distrust enter the culture and undermine change efforts.

Solutions

Find the disconnects between assumptions by top leaders and the beliefs of key groups of employees. To do this, first accurately identify through effective interviews or network analysis three groups of people; those who have the power to make necessary changes, those who have the power to affect the thinking and emotions of others in the organization who can either block or drive necessary changes, and those who will be affected by and involved in change implementation. Then ask the questions that matter. For example, if you were to ask top leaders whether and why creating diversity at all leadership levels of the organization is important and then asked employees the same question, what would you discover? If you discover a lack of alignment, the first step is a strategy to increase motivation for the changes contemplated.

Do a detailed analysis of the effect on employees of each process in each point of the talent cycle. Are any processes causing employees to think, feel, and act in ways that will undermine or fail to catalyze efforts to create diversity at all leadership levels of the organization and a culture of equity and inclusion? If you discover aspects of the talent cycle that are creating skepticism or failing to motivate employees effectively, then overhaul the talent cycle to create the motivation necessary.

Eagerness to engage in training before sufficient system motivation and readiness is a waste of time and money. Even worse, it can worsen the culture by increasing skepticism. All too often, employees consider training to be a “check-the-box” activity for meeting the minimum standards set by law. Instead, avoid this ending by first building sufficient motivation and readiness for change.

[1] P. Gray, R. Cross, M. Arena, “Use Networks to Drive Culture Change,” MIT Sloan Management Review, November 30, 2021 https://sloanreview.mit.edu/article/use-networks-to-drive-culture-change

[2] E.E.Lawyer, “What Makes People Effective?” in Organization Development (Joan V. Gallos, ed.) 2006

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Leaders and the Role of Organizational Mindset in Creating a DEI Culture

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Leaders and the Role of Organizational Mindset in Creating a DEI Culture

Organizations that are strongly committed to creating a diverse workforce and culture of equity and inclusion integrate training programs for their people from leaders to front-line workers with changes to policies, practices, and resources allocation. The mindsets of individuals are scrutinized and retrained through workshops, readings, and viewing, to change, but the organizational mindset is rarely even considered. This is a mistake.

Carol Dweck popularized the concept of a growth mindset as contrasted with a fixed mindset. A growth mindset is marked by an attitude toward a difficult problem as a challenge and learning opportunity in contrast to a fixed mindset, grounded in the belief that only if a person has the ability and talent will they be able to address the difficult problem and if not, they will fail. The importance of shifting toward a growth mindset has been demonstrated repeatedly. Organizational mindset is whether a company is perceived to view talent as fixed or malleable.

Three studies published in the Personality and Social Psychology Bulletin in 2020, demonstrate the power of organizational mindset on key metrics of inclusion, equity, and organizational culture. When organizations are perceived to view their people as fixed, employees also perceived a more negative culture with less collaboration, innovation, trust, integrity, and commitment.

As always, it falls on empowered leaders to create the environment, the context, in which the work gets done and it is the leader’s choice of whether to cultivate a fixed or growth organizational mindset. Microsoft leader and CEO Satya Nadella opted to employ a “Model Coach Care” approach to develop the growth organizational mindset and this simple model can be applied in your business.

In this model, managers practice and demonstrate a growth mindset for approaching problems and rebounding from setback. Doing so, models this way of thinking and behaving for their team members to emulate. They use coaching techniques to help their team members develop and learn. The demonstrate that they care about their people by investigating each person’s capabilities and goals and providing resources (time, developmental experiences) to each person for their persona development.

How do your organization’s leaders demonstrate their own growth mindset or are they demonstrating that the really have a fixed mindset?

Do your leaders know how to coach and use coaching techniques in their training methodologies? How do they use reinforcing and redirecting feedback to help their team members development and improve?

What do your organization’s leaders do to find out the capabilities and goals of their team members? What resources are offered to their team members for team members’ personal development?

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USE THE RIGHT MEASURES WHEN DEVELOPING YOUR INCLUSIVE AND EQUITABLE CULTURE

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USE THE RIGHT MEASURES WHEN DEVELOPING YOUR INCLUSIVE AND EQUITABLE CULTURE

Every private company, governmental agency, or non-profit organization I work with to develop a culture of inclusion and equity agrees that integrating regular measure of key performance indicators is a critical piece of the strategic plan. Now, new research from Glassdoor sheds new light on the importance of not only making sure to gather the right data, but to also be certain that you are collecting the data from a diverse group and correlating data with social identity indicators.

Measuring gaps in inclusion and equity satisfaction surveys by correlating data points with employee race and ethnicity showed a very different climate than generalized data synthesis did. Not shocking, but easy to overlook, were data showing that “even within the same workplaces, employees from different backgrounds routinely report different views of how equitably (or not) employers are acting toward underrepresented groups.” An aggregate of all data points may incorrectly imply that an organization has a healthy culture of workplace diversity and inclusion. This limited approach may obscure the reality of possibly large gaps in opinions among similarly situated employees from different demographic groups. Glassdoor discovered that in fact, on the question of how inclusive and equitable the culture is within a variety of different organizations, “Black or African American employees in particular are experiencing or perceiving a stark diversity and inclusiveness crisis [with] little evidence, in their view, that the situation is improving.”

The research looked at 12,435 ratings collected between early 2020 and the present and found that the average individual employee rating of their company’s culture was 3.73 out of 5 stars. Black or African American employees’ ratings were nearly 8 percent lower, at 3.49, while Hispanic/Latinx employees’ ratings were above average at 3.80 and Asian employees’ ratings were even higher, at 3.98. These data makes demonstrate the likelihood of a blind spot in climate surveys that report only aggregated data from all employees.

The Glassdoor data suggest another area of concern regarding traditional DEI training programs. The gap uncovered has been growing since 2019, “expanding from 0.2 to 0.6 stars (on a 1 to 5 star satisfaction scale) despite many employers increasing investments in D&I programs in the last two years.” Too often training begins and ends with developing awareness of unconscious bias. This is necessary, but far from sufficient to develop a sustainable inclusive and equitable culture.

DEI programs should focus on the broader skill set of developing culturally competent individuals in addition to making structural and process changes to the organization itself. Cultural competence requires awareness of unconscious bias and more. Training and development also should focus on awareness and sensitivity to one’s own cultural heritage, curiosity, acceptance, and respect for cultural differences, a variety of conversation skills, relationship-building skills, and advocacy skills.

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5 Tips for Adaptive Marketing: Reimagining Marketing and Business Development

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5 Tips for Adaptive Marketing: Reimagining Marketing and Business Development

The COVID pandemic has made this world and how to operate in it very different for everyone. Lawyers and their clients are no different. Some of the changes in how we connect with one another, build relationships, and work together will stay with us for years. The changes brought upon us by this pandemic are on top of the massive changes that followed the technological revolution of the early 21st Century.

Background

Marketing is connecting with prospective clients in meaningful ways. The decisions that prospective clients make whether to connect with a particular lawyer in the first place and whether to hire that particular lawyer are, like all decisions, influenced by emotions.  Without emotions we would not be able to make choices. We would have difficulty making any decisions.

The pandemic, the economic collapse associated with it, and the fight for racial justice have increased all sorts of feelings, from empathy to anger and from fear to stress. It makes sense to adjust marketing efforts to take account of these pervasive feelings and ask what it means for lawyer marketing. That is what follows here.

Connecting the right lawyer, service, and experience through the right message at the right time in the right platform/space with the right possible clients or referral sources is not easy. Marketing may still be about the people, the message, and the platform; however, clients want something different from their lawyers today.

Even before COVID, the role of client began to change. Clients, patients, and university students transformed into consumers, and, as consumers, they began to make known the value they expected in return from upholding their part of the transaction and paying high fees. Historically, in marketing, we evaluated what clients needed. Now, it makes more sense to take a deep dive into what they want.

Many times, clients want a relationship, rather than a pure transaction. As part of that relationship, they want a reduction in stress and certainly not more stress added on to their already stressful existence, part of which is the reason they reached out to a lawyer in the first place. What this means is that the marketing message and platform must change to reduce stress and also respond more acutely to the wants of the prospective client, especially when it comes to a prospective client making an initial selection of possible lawyers to work with.

Personal Brand

None of this changes the need to be clear about your brand – the image you want to project to the world – your strengths, values, and what makes you distinct from your competition.  Strengths are still measured by your specific skills or abilities like your technical legal expertise and your core competencies, which you use when you communicate and work with other people. However, in today’s world, you may want to highlight your approach to working with clients or your values that others may find attractive. There has been a transition in emphasis from client needs to client wants and also from goals to values. This is because values are the glue in a relationship. They represent commonalities that matter most and are the foundation for building trust.

 

Value Proposition

None of this changes the need for an attractive value proposition.  If anything, this has become even more important. The shift from goals to values is just the beginning. Also, we are moving away from highlighting legal solutions to highlighting how a lawyer can help a client move closer to the client’s vision of a successful outcome. Clients want to know how you will help them continuously move in the direction of a better situation through the experience of working with you.

A value proposition is what you are offering to provide in exchange for your fee, that is also what your prospective client wants.  Prospective clients want their lawyers to help them create new value, protect existing value, or restore value lost. Besides the product or service, you are selling, you are selling a particular experience.

Your value proposition only matters from the client’s perspective.  What value do they conclude they are receiving in exchange for what they give up financially and emotionally? To answer this question, think of your service, outcome, and experience of working with you as the value they are measuring.

 

What is Adaptive Marketing?

What has definitely changed and what needs to be reimagined is how to adjust effective messages, platform options, and what clients want.  When people are feeling anger, intolerance and marginalization, fear, and stress, these feelings affect what they want and the message they will be receptive to hearing. Lawyers need to adapt their messages and platform to the changing wants and emotions of people, all while maintaining an attitude of ”let’s try this and see what happens.” There are five areas ripe for reimagining: (1) digital connections; (2) relationships in place of transactions; (3) the need for authenticity as a lawyer; (4) mastering empathy; and (5) developing adaptability skills.

1.    Digital Connections

Since we cannot easily meet or connect in person without a lot of physical barriers, initial contact will be digital or traditional advertising. Use your digital options to connect and consider the brand and value proposition to emphasize.

At a minimum, consider that your website and LinkedIn are verifications, as is Google My Business. Make sure they show up when you google your name and your law firm’s name. If they do not, take the time to create or improve these digital assets.  Once you have a website, posting regularly helps improve your digital presence, especially if your blogs are naturally responsive to google prompts and questions of your ideal clients. This is how people will find you when they don’t know you but have a question you can answer or a problem you can solve. You have many options.

  •  Website

  • Linked In

  • Traditional Advertising

  • Google My Business

  • Blog

  • Instagram

  • Tic Tok

  • Email campaigns

  • You Tube

  • Videos

  • Chatbots on Website

  • Twitter

  • Facebook

  • Yelp

  • Avvo

  • Lunch Club

  • Google Reviews

  • SEO 

2.    Relationships before Transactions

The attorney-client relationship is more than a series of transactions. Connecting on a human level could ultimately result in stronger client loyalty and a client, who becomes a brand advocate after the working relationship ends. This is often the end result when clients feel recognized and appreciated for who they are.

Lawyers often focus on the legal problem and legal options.  Instead, shift your focus from task to relationship, during marketing throughout the working relationship, and even after the legal work has ended. The ache for human connection is greater today than it has been in quite some time. The fact that over the past year more people have flocked to online dating, online therapy, and classrooms that emphasize community as much as learning, should tell you something about how the world is changing.

Lawyers often miss easy opportunities to create that sense of connection and community with their clients. In a recent survey I conducted, several opportunities for easy wins stood out. (1) Client intake is an early connection with your brand.  Whether you take on the client or not, they will be a word-of-mouth marketer or detractor for your brand. In a recent survey 75% of lawyers surveyed did not use an intake form. (2) Non-engagement letters are easy to use as a matter of habit. How you respond to a person who does not end up as a client is part of the personal touch you offer or hold back. The same survey showed that 75% of attorneys did not use a non-engagement letter. (3) Client onboarding is a chance to talk to a new client about mutual expectations and preferences about communication and the internal processes you use. It’s an opportunity to introduce clients to your team and brand, and offer a personal touch. Only about 50% of lawyers said they do this. 

Communicating well during the relationship, is also the best way to avoid malpractice claims. “In a world that now offers us seemingly endless ways to communicate with one another, it is surprising that the majority of legal malpractice claims are related to administrative functions, and particularly, client communication.” This is from a 2019 Above the Law post. Less than 75% of lawyers say they check in with their clients at least every 6 weeks, and when it came to asking clients for feedback, which offers the dual function of conveying to the client that the relationship matters and capturing the client’s perspective on the working relationship, 25% of lawyer said they never ask for feedback, 25% said rarely, and 50% sometimes. No one surveyed said they often or always ask for feedback.

Don’t end communication when the working relationship ends. Keep in touch in between or after a working relationship ends.  It’s easier now.  Coffee or cocktails over zoom. An email to check in. Be creative.

3.    The Need for Authenticity

Communication is key and it works when you add in authenticity. When your actions are in alignment with your core values and beliefs, you are showing your true self and how you feel, rather than showing people only a particular side. Of course, this means you need a degree of self-awareness of your values, motives, emotions, preferences, and abilities. Where possible, bring yourself to the relationship.  Do you write and record songs or make pottery coffee cups? Share across common interests or interesting reads. Are you struggling with homeschooling or vaccine worries? Share a favorite recipe or place for a hike. If you are an avid networker, make connections that are mutually beneficial to your client and someone in your network. Where appropriate, share your passion. Whatever it is, share it.

4.    The Need for Empathy

Empathy is how we connect with one another’s emotions by catching somebody else’s feelings, attempting to understand what someone else is feeling and why, and offering compassion - the motivation to improve others’ well-being. Stanford University psychology professor Jamil Zaki explains that “the world is full of daily battles in which we’ve consciously or subconsciously sorted ourselves into “us” and “them” camps.” Superimpose your position as an empowered expert and your client as the person depending on your expertise and it creates even greater distance.

It’s easy for a client to feel that they are the “us” and you, as the lawyer are the “them.” Empathy helps with marketing by seeing a client’s problem from the perspective of the client and understanding the cost-benefit of the solution you are offering as they feel it. Also, empathy encourages a client to be open and honest and if you provide difficult feedback to your client with empathy, they are more likely to use it because they won’t feel attacked.

In business development, it’s easy to forget about the fundamentals of communication, such as we all have our default and preferences in styles.  Differences in styles can set off an unconscious “us” versus “them” thinking and role assumption.

These differences are apparent when you begin to notice. Some people are very expressive, while others are more analytical.  Some are more driving while others are more amenable. Some people show more emotions when they communication and others hold back. Some make more statements and others ask more questions. The best way to connect is to flex to the other person’s style when you want to reduce tension, which right now is running high for most of us.  So, first pay attention to how much emotion they show you and flex to that.

5.    Develop Adaptability Skills

When it comes to marketing and business development, like running your business in contrast from practicing law, you have to be open to new ideas, to experimentation, and learning from mistakes and failures.  You have to be nimble and be able to adapt to a quickly changing world.  So, you have to know a little something about changing, when change is hard.

When change is difficult it feels like a loss and when we try something new, we feel unskilled and like we don’t know what we are doing. That’s natural. If only it were as easy as an animal who can change its colors to blend in with its environment.  But, it’s not.

So be prepared.  Tell yourself it’s okay to feel uncomfortable but instead of pushing back, lean into the discomfort.  Be willing to try and experiment until you find what works best for you to display your authentic self or write blogs that jump to the top of a good search.

People have an innate tendency when faced with change.  What’s yours? Are you the catalyst, who comes up with ideas, the theorist, who looks for a path forward, a stabilizer, who looks for reasons to stop change, or an improviser, who is impulsive and wants to start without a plan? Knowing your default response helps. Is your tendency to find a path to risks and “no” to change? If so, step back for moment, take a pause, and play devils’ advocate.  Find a path to “yes.”

Change that enables the capacity to thrive is hard, but worth the effort. Be able to discern between what you need to preserve about your practice and what you can let go. If you need a new skill, get it. You can learn relationship-building skills, how to be authentic, empathy, and adaptability.  They foundation is a willingness to experiment and be okay with anything less than perfection, which for lawyers feels like an awful mistake, but it’s not. Be okay with feeling incompetent and know that the more you practice the more your feelings of competency will grow.

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The Business Case and Blueprint for Leadership Development

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The Business Case and Blueprint for Leadership Development

The Value of Leadership Development Programs

The cost of Leadership development programs is not only financial.  They also divert lawyers’ time and attention away from the legal work. It makes sense to know whether the return on that investment will outweigh the expense.

There is a plethora of research showing a direct correlation between the perception of leaders as outstanding and their organization’s revenue generation, profitability, employee productivity and retention, and customer loyalty and satisfaction.[1] Any company, regardless of purpose, industry, or headquarters, performs better with excellence in leadership as perceived by others. While some results of the research are expected, others are quite surprising.

It is not surprising that organizations with poor leaders perform poorly. It is surprising that organizations with average leaders are substantially outperformed by those with outstanding leaders.  The collection of skills that make this difference is also surprising.

Leaders are required to be strategic planners and design step-by-step processes for reaching performance goals, like revenue and profit targets. If they are good leaders, we expect them to meet targets. In fact, there is a direct correlation between the strategic planning capability and organization efficiency, effectiveness, and financial performance. It makes sense that the better leaders are at designing and implementing plans for improving revenue and profit, the better the plans and their execution, and the better the results.

There is also an unexpected, direct correlation between key performance metrics and the perception of people as excellent leaders because of their strengths in helping colleagues solve a problem, seeking out others’ ideas, or a variety of other interpersonal skills, and those skills related to agility, learning, and change. People are evaluated by their bosses, peers, and direct reports as outstanding leaders because of these skills and behaviors and not whether or not their organization is profitable, yet organizations are considerably more profitable when leaders are perceived as outstanding in these skills.

In the legal field, there are always skeptics, who may argue lawyers, legal departments, and law firms are different.  Yet, across all industries interpersonal skills matter and their absence often overshadows any value of extraordinary technical expertise. In 2008, the Korn/Ferry Institute published their research showing that the characteristics of “best-in-class general counsel, [are] the same as those defining a Best-in-Class leader.” They were the ones with leadership skills for making complex decisions, managing diverse relationships, creating and innovating, inspiring others, driving results, and getting things done.[2]

It’s not difficult to imagine that people will stop listening to the regular instigators of conflict or the narcists who repeatedly talk about themselves. Yet harmony-seeking, selfless leaders who lack strong interpersonal skills lead companies where knowledge is not shared, ideas are never developed into valuable assets, and collaborative, trusting relationships are never forged. The cost is often existential. I’ve work with several law firms that no longer exist, despite strong revenue and profitability because partners needed harmony and avoided conflict and difficult conversations, literally, at all costs.

What is Leadership?

Leadership is the intentional influence of others to complete projects that require a group effort. Some may argue that there are no group efforts to deliver legal solutions. Law is packed with people who have a preference for independence in their work and a love of applying deep legal expertise to solve problems. However, as the general counsel of a large international company, it’s easier to see that the evolution in role parallels that of the Chief Financial Officer twenty years ago.

Today’s general counsels, along with their CEOs, choose their role. It is between aligning the legal function’s strategy with that of the company or being a technical expert with many different areas of the law. The deep legal expertise is still needed; however, a new set of responsibilities for general counsel has emerged. It includes delegating tasks to the right legal subject matter expert while also assuming a leadership role as strategy partner with the CEO and entire senior leadership team. It is not difficult to see the similarities with the law firm’s managing partner and practice group leaders.

This is a consequence of complexity. Today’s business world is complex as much as it is complicated. The challenges are like managing traffic and building the engine of an automobile. And, so is today’s world for the client who is looking for help managing their wealth, navigating governmental obstacle courses to protect assets, or recovering value lost. It’s the complexity, volatility, lack of clarity, and lack of predictability that requires lawyers have much more than deep legal expertise to help their clients in the ways clients expect and want.

It’s interesting that there is a collection of leadership skills that show up over and over as being correlated with excellence even though research also shows that excellence in leadership is all about the fit between what the leader does and what the organization needs.  Winston Churchill was not recognized as an excellent leader until Dunkirk and after WWII, he was voted out of office. There are lots of stories about people who were successful leaders in one organization only to be fired for poor performance shortly after moving to a new one.

Leadership is about competencies (sometimes called skills, capabilities, abilities), not styles or business models per se. Competencies are expressed through every style that meshes with every law firm from those with a lockstep compensation business model to those with an individual achievement model. A decision to skip leadership development based on the belief that lawyers and law firms are too different from every other business is not a logical, analytical, or sensible decision. It is contrary to the existing evidence. When a firm or law department is not performing up to its highest potential, that, in fact, is evidence of the need for leadership development.

The answer to the question of whether or not leadership development is sufficiently valuable is obvious when you examine the right data. If data about the law firm or law department’s key performance indicators is weak or average, the value of leadership development far outweighs its cost. The trickle-down effect of good or bad leadership will always impact productivity, client satisfaction, employee and associate retention, profitability, innovation, revenue, and culture.

Designing Leadership Development Programs

Focus on Excellence

Design leadership programs to develop excellence in the competencies that matter most for the organization, industry, role, and career level. Extensive research tells us that poor leaders cost an organization in lost revenue, profitability, and employee performance but the surprise is that the performance difference between organizations with average leaders and those with outstanding leaders is dramatic. Aim for excellence in leadership. Great matters.  Good is not good enough.

The aim of most developmental programs is to eliminate weaknesses instead of developing strengths. There is a difference between a fatal flaw or career stopper and a weakness. Research has repeatedly shown that selecting one to three skills that are among the relative strengths of a person and honing them is more likely to propel the person’s career forward than is turning a weaker skill into an average skill.

Focus on select behaviors

Include the behaviors that routinely show up in high-performing organization across all industries, geographies, and organizations and a variety of research studies. There is considerable data that successful leaders are achievement-oriented, able to influence the thinking, emotions, and actions of others, and are able to learn and adjust to change. Many of the related behaviors are:

1.    Making complex decisions

2.    Demonstrating a learning mindset and resilience

3.    Taking initiative

4.    Mediating and negotiating conflict and differences

5.    Establishing stretch goals and plans to achieve them

6.    Building relationships and influencing people

7.    Attracting, developing, and optimizing diverse talent

8.    Being courageous, trustworthy, and authentic

9.    Being flexible and adaptable

10. Have a client and outside focus

In addition to behaviors that routinely show up in high performing organizations, legal expertise, financial acumen, technology competency, and ethics are important capabilities for lawyers. Communication for lawyers includes capturing and retaining the attention of prospects and clients through conversations about how to create, retain, or recover what the client considers valuable in addition to advocating, mediating, and negotiating to resolve conflict. These are the differences that explain why excellence is also a matter of “fit” between the leader and organization. Yes. There are some leadership differences that legal industries leaders need.

Each capability is really a combination of different skills, behaviors, and approaches. For example, having a client focus, means developing and demonstrating an understanding of what motivates your clients’ decisions.  It means knowing what they want and expect, rather than what legal solutions they need. Communicating with clients means explaining legal solutions and client responsibilities clearly and concisely and also conveying empathy and understanding of their perspective on value because value to a client is not how much time it takes you to have a conversation or write a brief. Having an outside focus means noticing changes on a macro and micro level, from your prospective clients and competitors today to economic, demographic, and social changes that affect who your prospective clients and competitors may be in a year and your options for connecting with them.

Measure Using Standards

Since the measure of effective leadership is the perception of subordinates, peers, and bosses, use a 360º assessment tool to establish baseline and capture improvement measures before and after developmental efforts. A well-validated 360º assessment is the best predictor of leadership talent potential and the best measure of current levels of competencies. A good assessment defines the behaviors being measured and on a Likert scale will measure degrees of excellence. Once you have data about the baseline and improvement aims, you can create a step-by-step action plan for leadership performance improvement.

An example, from the Korn Ferry Leadership Architect model and assessment defines a “towering strength” as rare, “the best people may have only a few towering strengths.” It defines a “serious issue: as a “pressing need to improve…hurting performance…career could be stalled or stopped” because of it.  A good assessment defines the skills being evaluated. An example defines the skills of “Drives Results” as a person who “has a strong bottom-line orientation. Persists in accomplishing objectives despite obstacles and setbacks. Has a track record of exceeding goals successfully. Pushes self and helps others achieve results.” Standards, objective performance criteria for leadership competencies makes a difference.

Develop Throughout a Career Using Traditional and Untraditional Tools

When the details of an individual’s career intersect with the details of an organization’s talent cycle, there is a fit. A talent cycle is the series of processes that work together to create a consistent pool of people with the right skills and fit with the organization so that the organization is able to carry out its purpose. It begins with: (1) recruiting for defined positions; (2) making the decision to hire; (3) the onboarding process; (4) the developmental and evaluation processes; (5) career advancement, reward, recognition, and compensation; and (6) termination. Development and evaluation work in tandem. 

The most widely accepted theories on how to develop new knowledge and skills in adults combine traditional learning methods, like lectures and reading with the ongoing application and practice of new behaviors over time with reinforcing and redirecting feedback to master a competency. After a person decides to strengthen a capability, that person studies and learns a new skill, then applies the skill to a real-life situation and practices it over time. Ideally, the learner receives outside feedback and reflects on its effectiveness until it becomes an outstanding strength admired by many and possessed by few people.  Sometimes performance coaching is included as a means to emphasize reflection. Coaching is the preferred method for helping senior leaders and “C-Suiters” to hone their leadership skills. Leadership development efforts that add objectively measurable value to any organization include using the skill with regular job duties. It is the extensive practice of a skill over time that transforms an average skill into an outstanding one.

An important leadership skill for most lawyers is business development. This is relationship-building communication that captures the attention of prospective clients and influences their decision to hire the lawyer. There are several components to the communication skill including understanding and being able to notice communication preferences and differences, learning to adjust your own style, and when to say what in a “sales” conversation. There is information to consume by reading or watching a video (traditional learning methods) followed with practice time including role play to improve new behaviors.  Untraditional learning methods like role-play, performance feedback, and coaching support the required practice to transform knowledge into behavior and beginner behavior into talented behavior.

People become expert in a skill with practice and coaching. Think of top athletes and musicians. They all practiced every day for many years before becoming experts in their fields. It’s the same for any skill. You learn how to do something, engage in intensive practice often with coaching, and then plateau without continued practice and an intention to improve.  Whether a leader wants to hone business develop or management skills, it takes an intensive learning period that may include watching other leaders, receiving formal and traditional training, coaching, and planning actions in advance.

[1] John H. Zenger and Joseph R. Folkman, The New Extraordinary Leader, Turning Good Managers into Great Leaders pp.31-41, 281(2020)

[2] Nancie Lataille and Gabriella Kilby, The Legal Function Transformed: Best Practices of Today’s General Counsel (2008)

 

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WHAT HAPPENS WHEN YOUR MIND WANDERS?

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WHAT HAPPENS WHEN YOUR MIND WANDERS?

There are many reasons our minds wander. Maybe we are feeling stressed, tired, or bored or perhaps it’s a consequence of ADHD. The scientific explanations for the wandering mind are expanding and deepening with results from functional magnetic resonance imaging (fMRI) research that provides visual data of the measure brain activity in a particular neural network.

Eva Botkin-Kowacki, in a recent edition of News at Northeastern, reported on research by Aaron Kucyi, a neuroscientist at the University. Using fMRI to measure brain activity when the mind wanders, It turns out that many more parts of the brain are involved in this “dynamic and fundamental function of our psychology.”

When subjects were not focused on the assigned task of pushing or not pushing a button, depending on the image they were shown, expected brain activity occurred in areas called the “default mode network,” an area of the brain previously noted as “activated when someone’s thoughts were drifting away from their immediate surroundings and deactivated when they were focused.” Additional activity appeared in networks related to controlling or maintaining a train of thought, while systems associated with sensory input quieted. It seemed as though the default mode network was communicating with the network related to controlling a train a thought, while shutting off the external world.

The fMRI brain patterns were similar for ADHD diagnosed people. ADHD symptoms include difficulty concentrating and also hyperfocus under whatever might constitute favorable conditions for the particular person. The study’s co-author, John Gabrieli, added that the greater the mind-wandering for ADHD patients the more daily difficulties they experience.

Also mind-wandering is not good or bad per se. The upside is that ADHD often means having a broad focus and seeing patterns, making creativity more likely. That said, when performance suffers too much, this new research suggests which neural systems to target for ADHD interventions.

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Succession Planning: What’s Your Next Step?

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Succession Planning: What’s Your Next Step?

Note: This article first appeared in the February 2021 Law Practice Today

Introduction to Succession Planning

Succession planning for lawyers means retiring, a career pivot, perhaps selling a practice, and definitely transitioning clients and open matters to another lawyer. It marks a life-cycle transition point. Psychologically, it means change and change is always hard, even when it’s a choice. Retiring or pivoting forces you to questions you may prefer to avoid.

Do you want to find an internal successor to handle your files? If that’s not an option, will you recruit someone from the outside, perhaps a junior lawyer – someone you have mentored in the past? Do you think your practice is desirable as a merger or acquisition candidate?

What should be on my “to do” list? What are the possible ethical missteps? What is my practice worth?

Law Firm Business Valuation

The underlying and unspoken assumption of succession planning is that there is value in the law firm or practice that someone else would want that outweighs the cost of its acquisition. When the value is greater than the acquisition cost, succession planning is about the logistics of complying with ethical rules regarding valuing a practice and retiring.

Law firm partners with a significant book of business have power.  If they leave without first transitioning clients, the clients will leave too. This means that managing partners have a responsibility to think about succession as a business sustainability strategy. What are the benefits of being a partner in your firm?  What is the cost to become a partner in your firm? Does your firm have a leadership pipeline to partnership?

The best succession plans are started years in advance of an actual transition and incorporate an understanding of the firm’s business model, partnership agreement, and how decisions about practice value are made.

Whether you are in a firm or a solo practitioner, take a moment to value your business. Consider the following:

•       Hard assets: cash-on-hand; property

•       Transferable, valuable, happy client relationships

•       Brand recognition

•       Skilled and committed staff

•       Embedded processes and culture of effectiveness and efficiency

•       Work in progress

•       Long-range strategy

•       Healthy capitalization

•       Receivables

•       Strong community presence

•       Positive office culture

Ethical rules affect valuation. Remember to consult your state’s ethical rules on transferring client matters, referral fees, or fee-splitting. There are often limitations. Look for obligations to keep clients apprised of possible changes in representation and their choice of counsel,  transfer files only to competent lawyers, and limit excessive valuation of good-will.  When discussing a possible acquisition, make sure to protect client confidentiality, consider conflicts, and review fee agreements in engagement letters. These issues may also affect the value a practice or its value to a particular acquirer. 

Law Firm Roles and Responsibilities of the Business Model

When a lawyer leaves a firm affect, it may affect the firm structure and responsibilities of others left behind. Who, in your firm, is responsible for rainmaking, overseeing work processes and attorney assignments, and making sure that bills go out on time and get paid? What processes in your effective and efficient business model will change when a particular partner retires? The connection is often obvious between a particular lawyer and the percentage of revenue that person brings to the firm.  It’s not always as clear who is responsible for recruiting, hiring, onboarding, training and development, advancing, evaluation, compensation, and termination of associates and staff. It’s often even less obvious who is doing what, when, and how to ensure that quality work gets completed on time in different areas of a firm. Use the table below to better understand your firm’s business model and what needs to continue uninterrupted.

Checklist

When a firm closes or a solo practitioner retires, pay attention to ethical rules regarding file retention and ongoing cases with pending court dates. Malpractice insurance coverage is for “claims made,” so even if you are retiring you will need a “tail” policy to cover any legal malpractice claims made after those doors are closed. Make sure to:

·      Finalize any active files where possible. If you can close out a matter and client representation, do so.  Use disengagement letters and include your intention to retire.

·      Advise clients with active files of your intention to retire and their need to retain new counsel. Don’t forget to remind clients of important time limitations and scheduled dates.

·      Active litigation files usually include court or deposition dates. Request extensions, continuances, or new dates where possible. Under some circumstances, ethical obligations may require you to delay your retirement. Remember to follow court rules regarding motions to withdraw your representation and substitute new counsel.

·      Return original documents and transfer electronic files to clients. Advise clients how long you’ll be retaining files, which depends on your state’s ethical rules.

·      Make sure to document any decisions and confirm agreement by your client.

·      Check your state for ethical obligations regarding retiring or suspending your active license, including change of address and contact information.

Five Steps for Succession Planning in Advance

There are five steps for succession planning: (1) Hire right; (2) Develop People; (3) Transition Leadership and Management; (4) Transition Clients; and (5) Reward Departing Partners. Planning for the departure of partners begins several years in advance.

1.     Hire Right 

Recruit lawyers with leadership competencies or develop these skills in addition to top-notch legal skills. These lawyers will be better at managing client relationships, developing new client relationships, and support the efficient and effective running of the law firm’s business model.

Not every lawyer should become a partner; however, hire lawyers that are partnership material.  What are the expectations for partners? Should they show business development potential? Do they need to have an interest in running a department? Do you expect them to collaborate with other departments, like marketing or attorney development? Do you expect them to mentor and train newer lawyers? When lawyers are hired because of the schools attended or honors received instead of their vision of lawyering, leading and legal capabilities, who supports firm sustainability? Hire lawyers that will contribute to a sustainable culture – a diverse, equitable, inclusive culture where well-being and belonging are cultivated.

2.     Develop People

Even perfect hires need development. Train and mentor successors in marketing, client relationship development and management, law firm leadership and marketing, law firm finance, understanding the firm’s business model, and mentoring others. None of these competencies are taught in most law schools.

Make sure to:

•       Expose associates and junior partners to management issues as part of their developmental process.

•       Expose them to the  firm’s financial model and goals.

•       Include them  at regular meetings and discuss progress toward goals.

•       Share information on management decisions. Not all is sensitive or confidential.

•       Delegate issues dealing with practices, technology, marketing to associates or small committees. People learn best by thinking through difficult challenges, making decisions, and implementing those decisions.  Where the outcomes are less than perfect are the opportunities to learn and group.

•       As they develop offer them leadership position on more important issues.

3.     Transition Leadership and Management

People learn to lead and manage others by leading and managing others. Introduce leadership training and create new roles for people to learn these skills.  Have an assistant or co-managing partner or manage with a triad executive committee. People learn by watching more experienced people lead, so give them opportunities to ask questions about and how leadership and management decisions are made and participate in the discussions and decisions.

 4.     Client Transitions

No firm wants to lose clients when a partner retires, and this is preventable with planning. As uncomfortable as these conversations are, talk retirement and know when it is coming. Three to four years before a retirement, a introduce clients to other partners and associates. Allow time for trust to develop with other firm attorneys. Does your business model encourage or discourage this behavior?

In firms with sustainable business models, identify successor lawyers for each client and have them prepare to take over for primary lawyers at retirement.  Include successor lawyers in lunches and client visits and transition portions of client work to successor well in advance of transition.

5.     Reward Departing Partners

Sustainable business models generate partners who support client transitions. They are not worried about their livelihood and power. Return capital – original investment and profits-not-taken. Figure out fair value of a partner’s ownership interest and pay it. Fund retirement benefits. Consider providing compensation through of-counsel arrangement that support the mentoring  and client transition support needed for sustainability.

Conclusion

Succession planning is shifting control of the firm and clients and doing so without going awry of ethical obligations.  It answers questions about the value of retiring lawyers. It provides longevity and sustainability for a firm. Succession planning is an opportunity.  Take it.

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INCREASE YOUR CLIENTS AND REVENUE: MAKE IT RAIN!

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INCREASE YOUR CLIENTS AND REVENUE: MAKE IT RAIN!

Not everyone who needs a lawyer, accountant, consultant, or coach wants one. Not every prospective client, who wants professional services, can afford to pay your fees. The three steps to increasing your firm clients and revenue are: (1) define your target prospect; (2) tailor your marketing messages to what your target prospects want; and (3) master the sales-cycle conversation.

1.     Define your target prospects

Too many lawyers and other professional service providers fish in the wrong pond or use the wrong bait.  They do not know whether there are sufficient prospects who want the solutions they offer at the price they need to generate sufficient revenue for their business model. This may be a consequence of a practice area already supersaturated with other lawyers or productized services that are too similar or aiming at the wrong geographic or demographic target market. Alternatively, your price point may be too high, but could be reduced with the introduction of process efficiencies.

The first step is to research your target prospects to better understand what they want, what they are willing to pay, and where they are likely to notice you and what you are offering. Understand them demographically and psychologically.

2.     Tailor your marketing messages to what you target prospects want.

 Not all prospective clients, people who want the solutions you are selling, will develop an interest in your brand of solution.  Your value proposition is your solution combined with the experience of working with you. It is the client’s point of view on what they want and what they think will make them feel better, less anxious, happier.  It is how close you get to giving them what they want, not just what they need.

 There are three categories of value that lawyer’s offer clients. You can create new value, protect existing value, or restore value lost. If you what you offer leads to ways for your clients to do what they want to do, then you create value.  If it leads to ways to help your clients preserve what matters to them most, then you maintain value.  If it leads to ways to make your client whole after being physically, emotionally, or financially harmed, then you restore value.

 A good value proposition quickly tells clients why working with you will make their lives easier and better. That spikes curiosity and interest in your brand of solutions, rather than that of your competition.

 3.     Master the sales-cycle conversation

 When a prospective client is curious about you and your firm because they want what you are offering, the next step is to have a conversation. Instead of thinking of this conversation as an opportunity to tell the prospect what you will do and how you will help, think of it as an opportunity to develop a relationship and demonstrate that you understand what they want.

 The key to converting a prospect into a client is communicating in way that first engages the prospect. Different people are more receptive to different communication behaviors – the “how” of communication.   Once engaged, influencing a person to become a client is a matter of saying the right things at the right times. Our Rainmakers Incubator Workshop is where you’ll have an opportunity to learn and practice these techniques.

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