The Secret Society of Happy Lawyers

In the discussions that led up to the Lawyers Appreciate…  countdown, Stephanie West Allen mentioned the Secret Society of Happy People to me.  The name captured me – raptured me! — and it kept floating back to the surface as we were choosing the name for the countdown.

Stephanie recently requested authorization from Pamela Gail Johnson, the creator of the Secret Society of Happy People, to establish a Secret Society of Happy Lawyers, and permission was gladly granted.  Visit Stephanie’s Idealawg post for further details.

Now, before we introduce The Secret Society of Happy Lawyers, Stephanie and I are curious: what does that name conjure for you?  Does it bring up images, tales, jokes, dreams?  Please share!  Post your comments here, on Stephanie’s blog, or email Stephanie or me.  Or post something on your own blog, and I’ll add a link here.  We’re eager to hear your thoughts and ideas about the new Secret Society of Happy Lawyers.  And stay tuned: there’s lots to share!

Challenges for female litigators

Yesterday’s WSJ Law Blog pointed to an American Lawyer article entitled Obstacle Course, outlining the challenges female litigators have in “break[ing] through old stereotypes to build top-tier practices” in the “male-dominated world of litigation.”

Referencing one female partner’s internal struggle not to deal with food arrangements for trial prep meetings and another who was asked (15 years ago) by opposing counsel to record a trial transcript when the court reporter failed to show, the article discusses the subtle, subtextual, often subconscious gender role expectations that impact women today.  Challenges include having to make a conscious choice on whether to soft-pedal, thus risking being (or being perceived as) too passive, or being assertive and being perceived as overly emotional or bitchy; issues that arise when a woman’s childbearing years coincide with the years in which she may be pursuing partnership; work/life balance issues that are difficult on their own and perhaps overwhelming when combined with concerns about being thought to be on a “mommy track;” and a need to impress and overcompensate for assumed or perceived  gender differences.

It’s a fascinating article, and the comments on the WSJ blog are equally interesting.  Readers, I invite you to weigh in here.  What do you perceive about gender in litigation?  Do you think it’s different for litigators than for transactional lawyers?  And women, do you feel a need to excel that’s exacerbated by gender?

Get happy!

Are you thinking this is a strange topic for a legally inclined blog?  Perhaps it isn’t…

Yesterday’s New York Times Magazine featured an article titled Happiness 101,  addressing the field of positive psychology.  As described on U Penn’s website Authentic Happiness, positive psychology is the field founded by Dr. Martin Seligman that:

focuses on the empirical study of such things as positive emotions, strengths-based character, and healthy institutions. His research has demonstrated that it is possible to be happier — to feel more satisfied, to be more engaged with life, find more meaning, have higher hopes, and probably even laugh and smile more, regardless of one’s circumstances. Positive psychology interventions can also lastingly decrease depression symptoms.

Sounds appealing, doesn’t it?

Stephanie West Allen has collected many references that promote positivity and the pursuit of happiness and examine the greater success enjoyed by happy lawyers.  Bob Sutton (author of the forthcoming book The No Asshole Rule, which I’ll be reviewing in the next few days) has suggested that smiling can make you happier and encouraging others to smile can cut  down on asshole behavior.

If you haven’t done so yet, do check out the list of “Lawyers Appreciate…” posts for a positive look at the law and those who practice it.

I invite your comments about the relationship between happiness and your professional success/satisfaction.

Diagnosing problems to create effective solutions

Tom Collins, author of the well-respected More Partner Income blog has written a must-read post titled “A Problem Solving Policy for the Law Firm.” (Post is no longer available)

He describes the ordinary approach to problem-solving as the process of identifying and closing the gap between how things are and how they should be, which treats the symptom but not the ultimate cause of the problem.  Tom recommends focusing on opportunities, not problems:

If management is going to concentrate on opportunities, it must avoid problems. That means when you do have to tackle a problem, you should do so with a no-return policy. Look for the conditions that permitted the problem to occur and take steps to prevent reoccurrence.

I’d like to tag onto Tom’s post and to discuss the same approach within the context of individual problem-solving and development.

Suppose you’ve decided that your marketing isn’t producing the results you want.  You assume that the amount of your effort will determine your results: more is better.  Based on that assumption, the simple solution would be to redouble the marketing efforts you’re making now, so you attend two networking events a month, arrange to take a potential client to lunch twice a week rather than just once, and so on.  And that might help you to develop more business — but it also might not, or you might not devote the time to following through on your plans.  Instead, perhaps you might pause to evaluate the effectiveness of your current efforts and discover that every time you attend the [relevant industry] meeting, you walk away with valuable new contacts that bring in business 40% of the time.  Rather than increasing your efforts in marketing generally, perhaps it would make sense to deepen your contacts within that group — perhaps dropping another group altogether.  To find that solution, though, you’d have to examine your assumption that more efforts leads to better results.

Likewise, suppose you decide that you want to communicate more effectively with your assistant to correct a problem that’s developed in which he or she doesn’t deliver things you request ASAP in what you consider to be a timely manner.  You conclude that your assistant doesn’t pay attention when you say ASAP, so you tailor your solution to that issue. You might emphasize that you need the work “ASAP, really, as soon you can get it done.”  You might express disappointment when work isn’t delivered as quickly as you’d hoped.  You might even sit down with your assistant and explain the problem and ask how the two of you might solve it together.  But the problem might well continue until you discover that when you say ASAP, your assistant interprets that to mean “as soon as conveniently possible” rather than “drop everything and do this now.”  Or perhaps the real issue is that you practice as if you were working in an emergency room, running from crisis to crisis so that everything is on an ASAP basis — which means that nothing is a priority.  A shift in your perspective is the only thing that will truly solve the problem here.

What we’re discussing here is single-loop learning, in which we tinker with our strategies in reaction to our results, as compared with double-loop learning, in which we examine the assumptions and perspectives that underlie the problem and, if needed, create new assumptions and perspectives to support a new set of strategies to solve the problem.  For an excellent explanation of single- and double-loop learning, visit Ed Batista’s post Double-Loop Learning and Executive Coaching on his Executive Coaching & Change Management blog.

In short, the task is to stop climbing the same tree harder, faster, or smarter and instead to pause and ask whether this is the tree to be climbing at all and if so, why.  This isn’t navel-gazing; it’s careful analysis of the entire situation at issue and strategizing to meet the actual problem rather than the apparent problem.  Although lawyers tend to be very good at performing this task for our clients, we tend not to take the time to do it for ourselves.

Effective problem solving requires effective diagnosis of the problem, not just the symptoms.  Identifying and challenging our assumptions and expectations is key to creating meaningful and lasting change, whether personal or professional.  Each of us has the ability to do this.  However, recognizing the frame that we use to perceive the world may be difficult simply because we’re so accustomed to it.  That’s why it may be easier to engage in this process with someone who can help with the task of self-observation and challenging perspectives.

Coaching provides assistance and support in finding the truth that underlies a situation and creating the changes necessary to improve performance and results. By working with a coach, you engage not only his or her expertise, but also his or her impartiality to the situation (thus opening the opportunity for an unimpeded view of what’s really going on and why) and dedication in service to the client.  Coaching has often been recognized as a tool for advancing lawyers’ career success.  Is the time right for you to consider hiring a coach?

Lawyers Appreciate…

I’ve thoroughly enjoyed reading the storm of “Lawyers Appreciate…” posts over the last 10 days!  Each blogger has added a new perspective on what lawyers appreciate and why.  As I read, I found myself wondering what I might add when my turn came; as it turns out, that’s been easy.

Lawyers appreciate colleagues.  I can’t count the number of times that I’ve stuck my head into someone’s office and said, “Hey, can I bounce something off you?”  The resulting conversations almost always helped me to think through my approach, to challenge my reasoning, to hone my arguments — and also to provide the pleasure of discussing interesting issues with bright colleagues.

Lawyers appreciate support staff.  I’ve worked with various secretaries, assistants, paralegals, IT staff, filing clerks, HR staff, librarians, and the like over the years.  Although it’s tempting to say that I couldn’t have carried the workload I did without those people, that isn’t completely true, as proven by the years in which I filled each of those roles myself.  But working with those professionals made my life easier and more pleasant on many occasions, and I am grateful for the terrific support I’ve received.  (And on this note, do read Mike McBride’s musings on lawyers’ frequent failure to praise support staff for their work and contrasting the tangible rewards that lawyers may offer instead… It may be an eye-opener.)

Lawyers appreciate technology.  Although at times technology makes it feel that we have to be “on” 24/7, technology makes it possible to work much more efficiently, to present arguments more persuasively, and to spend time away from the office without being unreachable.  Used responsibly, the benefits of technology far outweigh the downside.

Lawyers appreciate laughter.  The work that we do is serious, sometimes deadly serious.  But we can’t fall into the trap of taking ourselves as seriously as we do our work.

Lawyers appreciate our clients.  Without them, we’d have nothing to do!  But, more importantly, I am often humbled to realize that someone is willing to trust me with their representation.  What may be a fairly routine matter to me is a critical matter to my client, and it’s an honor and a privilege to be invited into clients’ businesses and lives.  This appreciation forms the basis for my insistence on excellent client service.  Clients deserve no less.

Finally, lawyers appreciate being viewed as people, rather than as professional roleplayers.  We each bring a unique combination of perspectives, experiences, skills, likes, dislikes, values, etc. to the practice of law.  No two lawyers will approach practice in the same way.  That’s what makes it fun to work with colleagues, and that’s why there’s a practice niche that will work for every lawyer who wants to practice.

Thanks to Stephanie West Allen for the conversations that led to the “Lawyers Appreciate…” countdown, and thanks to everyone who’s played with us!  My commitment is to hold on to this spirit of appreciation in 2007 and to revisit it often, in hopes of making what’s strong even stronger.

Happy New Year!

Closing the year in appreciation

I am so delighted to read all of the “Lawyers Appreciate…” posts that legal bloggers have shared in the past few days!  (If you don’t know what I’m talking about, check here for the explanation and here for the list of links.)  I’ll be sharing my appreciation on the last day of the countdown.

Until then, I’ll be appreciating the joy of having personal time for relaxation.  I’m on vacation now, and my computer died somewhere en route.  I’ll also appreciate my habit of backing up my computer, because that means that everything will be waiting for me on my backup hard drive when I get home.  So, please pardon my silence over the next few days.  I’ll be back on December 31.

Joining in the “Lawyers Appreciate” countdown

Here’s a list of those who’ve joined in the “Lawyers Appreciate…” countdown.  I’ll keep updating it as new posts are added.  Thanks to those who are participating!

Added 1/9/07: Although the Lawyers Appreciate… countdown was officialy set to run 12/22-31/06, I’m thrilled to see continuing appreciations!  I’ll keep updating as long as legal bloggers keep posting.  Appreciate on!

December 22
Austin Defense Lawyer — Jamie Spencer  (Lawyers appreciate discussing interesting issues in a collegial atmosphere)

December 23
Amazing Firms, Amazing Practices — Gerry Riskin  (Lawyers appreciate the same things other people do)
Settle It Now Negotiation Blog — Victoria Pynchon  (Lawyers appreciate integrity)
Workplaces That Work — Blaine Donais  (Lawyers appreciate fairness)

December 24
The Lawyer Coach Blog — Allison Wolf  (Lawyers appreciate other lawyers who work diligently in service to their clients)

December 25
Counsel to Counsel — Stephen Seckler  (Lawyers appreciate the rule of law and separation of powers)

December 26
More Partner Income — Tom Collins  (Lawyers appreciate being appreciated)
Lawsagna — Anastasia Pryanikova  (Lawyers appreciate their mentors)

December 27
Legal Blog Watch — Carolyn Elefant  (Lawyers appreciate their clients)
the [non]billable hour — Matt Homann  (Lawyers appreciate gifts.  Be sure to read the gifts that Matt wishes for his lawyer friends.)
SETTLE IT NOW BL AR G — Victoria Pynchon  (Lawyers appreciate legal bloggers)
Build A Solo Practice, LLC — Susan Carter Liebel  (Lawyers appreciate the balue of their education)

December 28
Basquette Case — Basquette  (Lawyers appreciate freedom.  An exceptional peek into one lawyer’s life.)
Legal Andrew — Andrew Flusche  (Lawyers appreciate clients who foster productivity)
Futurelawyer — Richard Georges  (Lawyers appreciate those who blog about lawyering)

December 29
Ernie the Attorney — Ernie Svenson  (Lawyers appreciate good clients, good judges, other lawyers who are fair and straightforward, and an efficient and sensible legal system)
The Common Scold — Monica Bay  (Lawyers appreciate beautiful places and times — can’t begin to summarize this evocative post!)
Robert Ambrogi’s Lawsites — Robert Ambrogi  (Lawyers appreciate civility among their peers)
shlep: the Self-Help Law ExPress — David Giacalone  (Lawyers appreciate courts friendly to pro se parties)
f/k/a… — Prof. Yabut and dagosan  (Lawyers appreciate good haiku)

December 30
Blawg Review — Ed. (Lawyers appreciate link love)
Minor Wisdom — Raymond P. Ward (Lawyers appreciate being appreciated, professionalism in other lawyers, and good opponents)
StayViolation — Chuck Newton (Lawyers appreciate thrilling cases, and more… in verse!)
Bag and Baggage — Denise Howell (Lawyers appreciate clients, especially those who keep their accounts current, and law firms that offer options to build a satisfying career)
May It Please the Court — J. Craig Williams (Lawyers appreciate the opportunity to use their legal skills to make a difference)

December 31
Adam Smith, Esq. — Bruce MacEwen (Lawyers appreciate professional management at senior executive levels of their firms)
Home Office Lawyer — Grant D. Griffiths (Home office lawyers appreciate technology, freedom, and more — all those things and people that allow the home office lawyer to operate)
The Adventure of Strategy — Rob Millard (Lawyers appreciate law firm consultants who deliver on their promises, exceed their expectations and strive to develop mutually valuable, professionally respectful long term relationships)
Transcending Gender — Jennifer Burke (Lawyers appreciate good blogs)
South Carolina Family Law Blog — J. Benjamin Stevens (Lawyers appreciate excellent clients, excellent staff, and excellent ideas)
a fool in the forest — George M. Wallace (also posted on Declaration and Exclusions)  (Lawyers appreciate inquiry)
Life at the Bar — Julie Fleming Brown (Lawyers appreciate colleagues, staff, clients, and laughter)
Online Guide to Mediation — Diane Levin (Lawyers appreciate community)

January 1, 2007
that lawyer dude — Anthony Colleluori (That lawyer dude appreciates clients, courts, judges who rule quickly and impartially, court personnel, police officers, blogging and teaching, fellow bloggers, staff, home, and family)

January 6, 2007
Patterico’s Pontifications — Patterico (Prosecutor who appreciates that he (?) can always do what he believes is right; colleagues; and honest and courteous defense attorneys) (Be sure to read the comments for additional appreciation)

January 9, 2007
What About Clients?  — J.D. Hull (Appreciating lawyers who practice with enduring joy, enthusiasm, and dedication)

Lawyers Appreciate… A 10-day countdown

Welcome to Day 1 of the 10-day “Lawyers Appreciate” countdown!

Stephanie West Allen, the voice behind Idealawg and TrackKnacks, and I have been corresponding for some months now.  One of the many topics we’ve discussed is our shared desire to launch an appreciative look at the law, lawyers, and practice in the legal blogosphere.  And that’s how the “Lawyers Appreciate…” countdown was born.

Here’s how it works:  Stephanie and I are each inviting 3 legal bloggers to join the countdown.  We’re asking them to post a blog entry that begins with the words, “Lawyers Appreciate…” and then to invite 3 more bloggers of their choice to do the same.  We’ll keep this up for 10 days, until December 31.  Can you imagine the swell of appreciation that will be generated by the end of the year?  Talk about riding the wave into 2007!

I’m sending my emails now.  So keep your eyes open for appreciation, creativity, and an adventure… Because Lawyers Appreciate!

Readers: How would you complete the sentence?  Your comments are, as always, welcome.

Updated: Visit here for a list of all “Lawyers Appreciate…” posts.

Professional inspiration: The Honorable Elbert P. Tuttle

The end of the year always strikes me as a good time to reflect on what works well in the law and why we lawyers do what we do.  Today, I’d like to introduce readers to one of my legal heroes, The Hon. Elbert Parr Tuttle.

Judge Tuttle served on the Fifth and Eleventh Circuit Court of Appeals from 1954 until his death in 1996.  He’s remembered as a model attorney and judge, one who represented the absolute best in the profession.  Judge Tuttle was tremendously active in civil rights cases, both as a lawyer and a judge and, along with other members of the Fifth Circuit (John Minor Wisdom, John Brown, and Richard Rives) was instrumental in bringing effective desegregation to the South.  (The anecdote at the beginning of this story about Judge Tuttle illustrates not only how he came to play such a role; it also illustrates the power that parental example can have on children, and children then on the world.)  For more on Judge Tuttle’s life and accomplishments, see any of the memorials and articles written about him, and definitely read Jack Bass’s phenomenal book Unlikely Heroes.

Judge Tuttle gave a commencement speech at Emory Law School in the 1950s that defines professionalism.  It has informed my understanding of what it means (and what it should mean) to be an attorney, and I make it a habit to read through Judge Tuttle’s speech several times a year.  The full speech is not available on the Internet, unfortunately.  But here’s an excerpt, provided by the Washington Realty Group:

The professional man is in essence one who provides service. But the service he renders is something more than that of the laborer, even the skilled laborer. It is a service that wells up from the entire complex of his personality. True, some specialized and highly developed techniques may be included, but their mode of expression is given its deepest meaning by the personality of the practitioner. In a very real sense his professional service cannot be separate from his personal being. He has no goods to sell, no land to till. His only asset is himself. It turns out that there is no right price for service, for what is a share of a man worth? If he does not contain the quality of integrity, he is worthless. If he does, he is priceless. The value is either nothing or it is infinite.So do not try to set a price on yourselves. Do not measure out your professional services on an apothecaries’ scale and say, “Only this for so much.” Do not debase yourselves by equating your souls to what they will bring in the market. Do not be a miser, hoarding your talents and abilities and knowledge, either among yourselves or in your dealings with your clients . . .Rather be reckless and spendthrift, pouring out your talent to all to whom it can be of service! Throw it away, waste it, and in the spending it will be increased. Do not keep a watchful eye lest you slip, and give away a little bit of what you might have sold. Do not censor your thoughts to gain a wide audience. Like love, talent is only useful in its expenditure, and it is never exhausted. Certain it is that man must eat; so set what price you must on your service. But never confuse the performance, which is great, with the compensation, be it money, power, or fame, which is trivial.. . . The job is there, you will see it, and your strength is such, as you graduate . . . that you need not consider what the task will cost you. It is not enough that you do your duty. The richness of life lies in the performance which is above and beyond the call of duty

Elbert Parr Tuttle, “Heroism in War and Peace”, The Emory University Quarterly. 1957;13:129-30.

 

Echoes of law school exams

I enjoy working with law students; I consult with a law school and often join in panels and roundtable discussions with and for students.  Beginning just before Thanksgiving, students get very quiet, and those who aren’t quiet are anxiety-ridden.  That always prompts me to overwhelming gratitude that I no longer have to suffer law school exams.

Remember them?  The frantic outlining, the cramming, the procrastination… And worst of all, waiting for grades.  Now that my career no longer hangs in the balance while professors do the grading, I’m much more sympathetic with the chore they face.  I remember speculating about how professors grade: how much does neatness count?  Is original thought good, or does it run the risk of sounding like panic-inspired raving?  How do professors possibly come up with a consistent grading method?

Finally, the truth outs.  Professor Daniel Solove of George Washington University Law School has posted A Guide to Grading Exams.  He claims it’s a joke, but I’m not so sure….