David Maister’s Strategy & the Fat Smoker

As the title of David Maister’s forthcoming book Strategy and the Fat Smoker suggests, the problem isn’t that we don’t know what to do, it’s that we know and choose to ignore.   Based on a series of articles written and posted online, Maister’s latest offering promises a dose of “real” strategy: “Real strategy lies not in figuring out what to do, but in devising ways to ensure that, compared top others, we actually do more of what everybody knows they should do.”  In other words, it’s all about implementation, and that’s the focus of the book.  Organized in sections pertaining to how organizations should think about strategy, clients (including marketing and selling), and management, Strategy and the Fat Smoker speaks to those who understand that knowing without doing brings little value.

I began by reading the introductory chapters on strategy.  Several gems leapt out at me, including:

If you truly want to succeed (and many people do not want it badly enough to make it happen) then you must never settle, never give up, never coast, never just accept what is, even if you are currently performing at a high level.

and

[T]he primary outcome of strategic planning should not be analytical insight or smart choices, but a superior resolve to accomplish something.

and

The best way to approach this re-evaluation [of the organization’s purpose, mission, vision and values] is to begin with a very small inner circle of top management leaders, who can look each other in the eyes and ask: “Are  these really the decision rules we as leaders are prepared to stick with?”

Maister invites readers to plunge in with any chapter, and after I got the flavor of his approach to strategy, I dived into Chapter 17: The Trouble with Lawyers.  Maister’s preface to this chapter indicates that he originally wrote it to explain “why lawyers and law firms are different from other professions” but that others in consulting and the financial services industry identify with the culture and behavior that Maister ascribes to the legal profession.  Almost any lawyer who reads this chapter will recognize that Maister is indeed speaking to us.  He highlights four problems that prevent “lawyers from effectively functioning in groups:”

*  problems with trust;
*  difficulties with ideology, values, and principles;
*  professional detachment; and
*  unusual approaches to decision making (referring to lawyers’ propensity to attack any idea presented to locate and highlight its weaknesses, with the result that “within a short time, most ideas, no matter who initiates them, will be destroyed, dismissed, or postponed for future examination.”)

Having identified and explained these pecularities, Maister asks why lawyers do so well financially if the profession is riddled with these problems, and his answer is proven by the lockstep approach that firms tend to apply to innovation:

The greatest advantage lawyers have is that they compete only with other lawyers.  If everyone else does things equally poorly, and clients and recruits find little variation between firms, even the most egregious behavior will not lead to a competitive disadvantage.

Maister suggests that only client pressure is likely to compel firms to begin to act “as firms — delivering seamless service, practice areas that have depth ( and not just a collection of individualistic stars), and true, cross-boundary teamwork.”  Having come to understand some of the problems that have so far prevented that will help firms to adapt as such client pressure is applied.

Other chapters of Strategy and the Fat Smoker have application to lawyers and firms as well.  The book does an excellent job of delivering its subtitled promise of teaching organizations and individuals to do “what’s obvious but not easy.”  It’s readable, practical, and insightful.  The release date is January 2, 2008, which is perfect timing.  Buy it, read it, and learn how to make your resolutions (and those of your organization) come to pass in 2008.

Law, leadership, and the brain

Thanks to Stephanie West Allen’s Idealawg, I’ve been mulling over a couple of interesting articles that connect neuroscience with the law and with leadership.  First up is a Wall Street Journal article titled, Except in One Career, Our Brains Seem Built for Optimism.  Research suggests not only that the human brain is predisposed to an optimistic view of the world, but that the effect of moderate optimism is quite beneficial… Except in law.  From the article:

The influence of optimism on human behavior is so pervasive that it must have survival value, researchers speculate, and may give us the ability to act in the face of uncertain odds.

Medical evidence is suggestive. Optimistic people at risk for skin cancer are more likely to use sunscreen. Optimistic coronary artery bypass patients are more likely than pessimists to be taking vitamins, eating low-fat foods and joining a cardiac-rehab program five years after surgery — and living longer, studies show.

“If even half the time our actions work out well, our life is going to turn out for the better,” Dr. Phelps said. “If you are pessimistic, you are unlikely to even try.”

Indeed, the researchers suspect that the breakdown of this brain network may contribute to clinical depression. All in all, Dr. Seligman said, optimists tend to do better in life than their talents alone might suggest.

Except lawyers.

Surveying law students at the University of Virginia, he found that pessimists got better grades, were more likely to make law review and, upon graduation, received better job offers. There was no scientific reason. “In law,” he said, “pessimism is considered prudence.”

David Giacalone of f/k/a offers an interesting rejoinder that suggests a lawyer will be far more effective if he or she expresses both optimism and pessimism: “To be truly good at issue-spotting and at giving excellent advice (as a good consigliere must to survive), you need to be able to envision both good and bad outcomes, and all those in between.”  Amen.

The second article, It’s All in the Mind,  questions the impact of “neuroleadership,” which it defines as “a blend of certain findings from neuroscience with a set of leadership practices and principles designed to encourage more consultative, creative and empathetic corporate chiefs.”  The article identifies four “elements of brain function that are deemed most applicable to business leadership:”

    • the ability to think more creatively and use intuition by improving attention and changing thinking habits;
    • the ability to interconnect and empathise, which is enhanced when we have lower-frequency brain waves or slow down our thinking;
    • the understanding of how the brain reacts to change and the need for positive feedback to help create and reinforce new ways of operating; and
    • the health effects on the entire body from the brain continually working under chronic stress and with excess adrenaline.

Neuroleadership purports to offer scientific evidence to support tools and techniques for leadership development that might be less palatable in hard-driving business settings absent such evidence: “With many years’ experience of talking to business people about topics such as emotions and spirituality, [Daniel] Byrnes [consultant and lecturer in leadership and change management at Australian School of Business in Sydney] says when the idea can be backed by science it is easier to accept. ‘We can measure this stuff’,’ he adds.”

Howard Gardner, Harvard Graduate School of Education academic and author of the bestseller Changing Minds, has sounded a note of skepticism about the potential benefits of neuroleadership: “I can’t think of anything a leader should do differently because of what we know about the brain.”  Time will tell, but it will be interesting to see how business — and lawyers — react if neuroscientific evidence does indeed support the “softer” leadership skills.

And for those interested in applied neurosciences, I heartily recommend Stephanie West Allen’s other blog, Brains on Purpose, where she collaborates with Jeffrey Schwartz, MD to address neuroscience and conflict resolution.

Tuesday shorts 11/13/07

Work/life imbalance stereotypes: Tom Stern, a Fast Company expert blogger on work/life balance issues, has posted a list of the Top Ten Work/Life Balance Turn-Offs.  This list of stereotypical characters (who may show up just in time to destroy your work/life balance) is both amusing and a good warning for those evaluating potential co-workers and supervisors.  One example is The Rationalizer, about whom Stern observes, “We do not want to hear about the logic which led you to neglect your loved ones in order to come up with such a brilliant idea that’s really going to turn the company around. Sure, we’ll have a stronger third quarter, but we’ll spend it picturing your family staging an intervention.”

Energy management: Anyone who’s heard me speak on time management knows that I hold that energy management is the foundation of time management, since none of us can use time effectively without abundant energy.  Cali Williams Yost, another Fast Company expert blogger, is lauding the recent focus energy management:

Just as the personal and professional demands on your time are going to change throughout your life, so are the demands on your energy. The good news is, however, unlike time which is a finite resource, energy is renewable. But you need to be aware of when energy is being depleted to order to implement strategies to maintain and increase it. If it’s not part of your awareness, you will be continually frustrated when your detailed work+life fit time analysis keeps coming up short.

How to make a losing argument.  James McElhaney’s fictional character Angus shares brilliant litigation insights every month in the ABA Journal magazine.  This month’s column, How to Make a Losing Argument, will be beneficial for non-litigators as well, since all lawyers seek to persuade.  Two ways to lose stood out to me from the seven that McElhaney identifies: “base your argument on obscure technicalities” and “push a good point too far.”

And a follow-up on last week’s post about the flawed room service breakfast I received and how important it is to inquire whether a client is happy with the service rendered — especially for those who thought it a petty point.  My breakfast was incorrect the next day as well.  (I’m usually not such a room service fiend, but when a conference starts at 7 AM…..)  And then I started to notice other shortcomings.  The ballroom was freezing cold; when my assistant called the hotel to get the correct mailing address, the operator said that neither Brown nor Fleming-Brown nor Fleming was registered and declined to confirm that my conference was indeed at that hotel; housekeeping didn’t replenish the toiletries that I’d used.  And then my breakfast was wrong on the third (and final) day that I ordered room service, at which point I called to complain and requested the charge to be removed from my bill.  When I checked out, the clerk didn’t ask how my stay was, which confirmed to me that the hotel really didn’t care, and she didn’t thank me for my business.  Will I stay there again?  Not likely.  Will I consider that experience when I consider the hotel chain in the future?  You bet.  Thus ends this client service parable.

Book Review: The Dynamic Path

I recently read executive search consultant James M. Citrin’s The Dynamic Path, which promises “access [to] the secrets of champions to achieve greatness through mental toughness, inspired leadership, and personal transformation.”  In brief, the book examines the paths taken by numerous sports champions to find the common thread that allowed them to progress through the four stages of success that Citrin has identified: individual, champion, leader, and legacy.  He asks what the individuals who managed to leave a legacy learned, what skills they possessed, and how those lessons may be applied in a business setting.

Citrin’s first lesson is as follows:

Talent and hard work are a good start. . . To achieve greatness requires something more, something subtle.  It demands the acquisition and application common to the most superior performers in sports, business, or any other endeavor: mental toughness and the ability to stay calm and collected at the big moments.

Citrin holds that an individual’s development in the champion, leader, and legacy stages of the Dynamic Path require skills that peak at certain points on that path: natural talent/intelligence, work ethic/dedication, and mental toughness/problem solving peak at the Champion level, for those at the height of their individual achievements.  People leadership, which has developed along the way, peaks at the Leader stage, along with developing moral/spiritual leadership, so that the individual seeks collective achievement for collective results — group excellence.  Moral/spiritual leadership continues to grow until it reaches its culmination in the Legacy phase, in which collective achievement creates enduring results that will have long-lasting impact.

Examples of those who have attained Legacy status include Bill Bradley, who has achieved numerous sports victories as well as intellectual success as a Rhodes Scholar, completed by the long-lasting accomplishments of his service as Senator.  Citrin also highlights Arnold Palmer (the golfer who has parlayed his individual success into establishing health care complexes, creating the PGA Tour, and developing the Golf Channel), Arthur Ashe (the tennis player who became the first African American man to win the US Open and to take a Grand Slam among numerous other titles, then cofounded the USA National Junior Tennis League and worked to eliminate racism and poverty before his early death from HIV contracted during a blood transfusion), and Lance Armstrong (the cancer survivor and 7-time winner of the Tour de France who now seeks to eradicate cancer).  Citrin provides stories of many other individuals, well-known and less so, that illustrate the path he describes.

I enjoyed reading this book because it separates out what makes a good leader — one for a season — from what allows a good leader to create a legacy — one for an age.  The book is an easy read, and it’s interesting (for this non-sports fan, anyway) to learn a bit more about what some sports figures have accomplished following their sports careers.  The book is an interesting, sometimes slightly jarring, mixture of personal sketches and attempts to teach how the sports lessons can translate to personal lessons.  Citrin inserts his own perspective into the book throughout, which at times read more as a journal than as a teaching book.

One conclusion that remains with me is that the rise of team sports for children, and especially for girls, is likely to be a significant benefit to rising generations of would-be leaders.  Citrin has made an excellent case for the lessons that sports can convey, and it’s a good reminder that all of those hours of soccer practice may just pay off in later years, though it would overstate the case to say that The Dynamic Path will provide a roadmap for transforming those lessons into business leadership skills.

What would your clients say?

I’m out of town this week (as I have been most of the last month) and decided this morning to order room service for breakfast.  I ordered scrambled eggs and rye toast.  What I got was scrambled eggs (but no salt and pepper) and wheat toast.  Mildly annoying, right?  I noticed the error, of course, and I’ll remember if I order room service at this hotel again.  I may even remember if in the future I’m deciding whether to stay here again — though probably not the incident, only the lingering feeling that things weren’t quite right here.  But it’s just mildly annoying; I didn’t call room service to complain, I didn’t ask them to fix the error, and I’m certainly not going to pack my bag and check out because of this.  Wondering what this has to do with your clients?

Most of us assume that our clients are satisfied with our service unless they complain.  But, as my story indicates, that may not be the case.  A small error can often be corrected without much effort, but uncorrected it can grow into a negative perception (can’t these people do anything right?) that can endanger the relationship — and perhaps the lawyer would have no idea until matters had gone too far.

The simple fix?  Ask your clients how things are going.  Are they pleased?  Is there anything they’d like to run differently?  Perhaps they do/don’t want to be copied on correspondence, internal memoranda, etc.  Perhaps they do/don’t want to be notified by telephone when something of minor importance happens.  Perhaps they do/don’t want to meet with you face-to-face on a regular basis just to review what’s happening.  Guessing is not helpful, but asking is.  And consider how to pose your questions to encourage honest response.  In other words, “What could we do to work with you more effectively?” might lead to more useful responses than, “Are you happy with the work we’re doing?”�

Bad clients and bad news

There is such a thing as a bad client…  Tom Kane’s Legal Marketing Blog inquires, Are Bad Clients Keeping You Up At Night?  If you have bad clients (or wonder whether you do), the answer is surely yes.  Tom draws from a post on the Bootstrapper blog to help identify bad client characteristics and to suggest how to fire them.  (And if you conclude that a client isn’t a bad client, but an unrealistic one instead, consider these ideas for managing the representation to decrease the chances that your unrealistic client will morph into a truly bad client.)

What would Churchill say?  Maybe instead of dealing with a bad client, it’s delivering bad news that’s keeping you up.  An article, by Arthur D. Burger of Jackson & Campbell, uses Churchill’s 1940 speech reporting that the Germans had defeated the French army to illustrate how lawyers might responsibly and effectively communicate bad news.  In short: be frank about the news (especially if the news is the result of an error the lawyer made) and offer a plan that addresses the next steps.

Meanwhile, in Pakistan…  This isn’t a political blog by any stretch of the imagination, but this story can’t go unnoticed.

Tuesday Shorts 11/6/07

Requesting an extension because of school vacation  Somehow, I missed this WSJ Law Blog post in early October, which reported that Weil Gotshal requested a delay in hearing dates in a bankruptcy case (set for December 18, 19, 20, and 27) on the grounds that “These dates are smack in the middle of our children’s winter breaks, which are sometimes the only times to be with our children.”  The response filed by Kirkland & Ellis called the reason “woefully inadequate” and noted that “The personal needs of a handful of professionals, unfortunately, must be balanced against the thousands of employees, creditors and other parties in interest . . . whose livelihoods and/or recoveries are dependent on (Calpine’s) successful emergence from Chapter 11.”  (The WSJ Law Blog post includes links to the actual pleadings.)  The WSJ blog The Juggle offered this commentary, which quotes Sylvia Ann Hewlett of the Center for Work-Life Policy as finding the request a “promising step” toward promoting work/life balance.

Confessions of a CEO  Fortune Magazine has published a fascinating article about Dominic Orr, a high-tech CEO whose workaholic habits nearly ruined his life. Events such as his decision to travel to a sales conference the day after his mother’s death, causing her funeral to be delayed by three days were the norm until he discovered that his goal was “to die a complete man.” Working with a therapist, now an executive coach, revealed that Orr’s life was missing hikari, which is the Japanese term for light and which Orr views as “speed to enlightenment,” and he resolved never to work again unless he could combine work with hikari.  He was able to do so, and the story of how he did is truly remarkable.

Office Politics: excluded from the group

One of the enduring challenges for any professional is navigating office politics.  Regardless of the profession, office relationships can be extremely challenging and rewarding — sometimes even at the same time.  Challenges can come from a variety of sources: simple misunderstandings, failure to appreciate different skills and approaches, resentment about coworker’s work habits, etc.  Office conflict is a fairly common topic in a coaching engagement, and the good news is that it’s generally possible to resolve or at least minimize it.

Through the blogosphere, I was introduced to Franke James (pictured here), inventor of The Office-Politics® Game.  Franke has put together a marvelous board of advisers (including experts in the areas of executive coaching, leadership development, dispute resolution, employment law, PR and ethics) to answer letters.  Bob Sutton recently posted an Office-Politics.com letter and provided input on one of Franke’s responses.  I was delighted when Franke invited me to serve as a guest adviser and sent me a letter to review.  The letter began like this:

I am an attorney — specifically, a prosecutor. My problem is that there is a dominant clique in my workplace, and I have been regularly excluded (implicitly and expressly) from social events. I feel as though I’m in high school again, and my co-workers have formed an exclusionary clique comprised of only the “cool” kids.

It all began when another co-worker attorney — a temporary employee who I’ll call “Tad” — began making comments behind my back.

You can read the rest of the letter, in which this prosecutor describes how he and others in the office (all of whom are about 10-15 years older than the bulk of lawyers in the office) are excluded from group outings and my response here.  And don’t miss Franke’s response, which takes a different approach and adds some marvelous ideas.�

Working breakfasts, lunches, and dinners

When I sat down to write today’s post, I intended to write about how excellent client service blends into client development. I’d planned to suggest some tactics for extending the relationship so you become a “trusted advisor” (to borrow David Maister‘s phrase). One of the tactics I’d planned to suggest was, not surprisingly, taking clients to a meal.

And then I read an article that my coach sent me from last week’s New York Times: Oh Joy! Breakfast With the Boss. To give you the flavor of the article, here’s a snippet:

PLEASE do not invite me to breakfast.

It’s not that I don’t like breakfast. To the contrary, I could happily eat eggs or cereal at every meal. But I write about life-work balance, and it feels a little contradictory to conduct an interview, or attend a conference, or give a speech, when everyone involved had to sacrifice sleep to attend.

I have similar qualms about working dinners. After a long day of work, why follow it up with more work?

. . .

There has been a shift in the role of these meetings-with-food over the years. In the 80’s, a 7 a.m. appointment was a sign that you were so important you had to start before dawn. We called them power breakfasts back then, and Masters of the Universe wanted to be seen at their regular table at dawn.

More recently, however, they’ve come to feel like yet another symptom of an overstuffed day.

But because working meals are important for many lawyers, it seems to me that the question become how to incorporate those meals into a schedule that fits the way you want to live. Whether you’d rather cram as many work functions as possible into your day or whether you’ve dceided to make dinner with your family a priority, is there a way to incorporate working meals and personal plans? Absolutely. Here’s how.

1. Plan intentionally. If you “go with the flow,” someone else will be determining the balance of your life. Instead, spend a few minutes every month deciding what commitments (business and personal commitments) are non-negotiable for you. Don’t forget to include time you spend on true recreation. Mark those on your calendars, and then consider what else you’d like to add in.

2. Exercise your discretion. When you have an opportunity to attend a work gathering, whether it’s a working meeting or business socializing, at times outside the ordinary work day, consider carefully before accepting. What will you be saying “no” to if you say “yes” to this event? Is the event important? Is it urgent? Do you want to do it? There’s no single “right” answer here that means you should or shouldn’t attend. The questions will lead you to your decision without dictating it.

3. Limit yourself. You either have learned or will learn soon that energy is not infinite. Adding morning and evening business commitments to a packed schedule can constitute self-sabotage if done without attention to the effects on your energy level. One client I worked with decided to limit herself to 2 evening commitments each week and never to schedule a morning meeting before 9 AM on the day following an evening commitment. Although she reduced the number of hours she devoted to work in this way, she increased her productivity during working hours as a result.

Are you happy with the amount of time you spend on working meals? If not, what changes will you make?

Make it memorable.

One of the best books that I’ve started reading¹ this year is Made to Stick, by Chip Heath and Dan Heath.  The thrust of the book is that ideas that are memorable share certain common features.  By learning those features, you can make your own ideas more “sticky.”  The six principles that the Heath brothers identified are:

1.  Simplicity
2.  Unexpectedness
3. Concreteness
4.  Credibility
5.  Emotions
6.  Stories

Read more about these principles and see illustrations (ranging from urban legends to important consumer health warnings) in an excerpt from the book here.

Made to Stick should certainly be required reading for litigators, but all of us need to make ideas memorable.  And what’s delightful about the concept of stickiness is that it’s an easy and enjoyable read that will pay quick dividends largely because the concepts (once identified) are rather intuitive.

Footnote 1: You might wonder why I’m recommending a book that I’ve started to read but haven’t yet finished.  That’s because I was reading it while on a business trip.  When I was packing for my flight home, I knew I needed to review some papers and so I packed Made to Stick in my checked luggage.  Big mistake.  My luggage was somehow mistagged when I left Richmond (even though I watched the Delta agent tag the bag) and I got the runaround when I tried to track it down in Atlanta.  Very long story short, it’s now been 15 days and there’s no sign of my luggage.  I’d be delighted to bellyache about this further (there’s plenty of grist for that particular mill!) but suffice it to say that I’ll have to pick up another copy before I can finish reading the book.