Consensus and the Caterpillar Effect
In many law firms, attempting to attain consensus can bring the implementation of changes to a halt.
by Ed Wesemann
Here's a shocker: law firms have difficulty with implementation. Perhaps you've noticed that even firms with a really good grasp of their future and the capability to put together thoughtful strategies to cope with change, often seem to get stymied when it comes to trigger pulling. Now, lets face it, every individual, little less organization, has some trouble with implementation. I, personally, don't have to look any farther than my own history of new year's resolutions to observe implementation failure of a monumental scale.
Much has been written about why law firms are so bad about implementing. The reasons range from the precedential mindset of lawyers to the ineptitude of law firm management. But I suspect the root of our problem lies deeper in the consensus-based structure of law firm partnerships. Recently I was describing a traffic jam I had been in on an interstate highways to a colleague. It was late at night and cars were bumper to bumper for miles. Then suddenly after inching along, traffic returned to normal speed with no evidence anything that would have caused such a jam up.
My colleague explained that the traffic problem was probably the result of a "caterpillar effect." What happens is that a motorist taps his or her brakes for no particular reason, which causes the person behind to cautiously ride their brake. This goes on car after car causing an eventual traffic jam.
Amazingly, I see the exact same effect in play with lawyers - particularly in mid-sized firms. The firms' desire to maintain a culture of consensus drives them to become almost fanatical about achieving buy-in among their partners. All it takes is one or two partners to metaphorically "tap the brake" and implementation comes to a screeching halt. And usually, no one even knows why.
Some law firms brag that they never actually take a partnership vote; everything is achieved through consensus. Not surprisingly, these are the same firms that have problems with implementation and usually with profitability. Consensus is defined as a decision-making process that requires the consent of all participants. In most law firms that is a virtually unachievable goal. And, if consensus is achieved, the process typically takes so long and the decision is so watered down, that implementation effectively never occurs.
Building complete consensus is a wonderful concept, but in a rapidly changing environment, the key to success may be going with a simple majority to avoid the traffic jam caused by a few "brake tappers."
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Why Would Your Best Clients Fire You?
Asking yourself this question gets you started on an important process: examining your firm's vulnerabilities.
You probably didn't attend the Reinvent Law conference in New York last month; you might not even have heard about it. But you should think hard about a question posed at the conference by Mark Chandler, the General Counsel of Cisco Systems, to the many law firms urgently seeking his company's business:
"Tell me why I should fire my current outside counsel and hire you."
How would you respond to Mark's question? Ask yourself:
- Is the quality of our firm's work significantly better than the incumbent firm's, and if so, how would we prove it to Mark's satisfaction?
- Are our prices significantly lower or more certain than the incumbent's, and if so, will we guarantee the same or better pricing over the next three years?
- Is our client service significantly better, and if so, could we provide five examples and five testimonials to prove it, right now?
Most law firms can't pass Mark's test, which goes some way to explaining why new business development remains so difficult. But that's not what you should be concerned about.
What you should be asking yourself is this: If our five top clients asked other firms this question about us, how would those firms respond? Why would our clients fire us and hire someone else?
Asking yourself this question gets you started on an important process: examining your firm's vulnerabilities. Where could other firms outpoint or outperform us? What could someone else do significantly better than we can? Do we even know what our best clients consider to be their keep-or-fire criteria?
To get you started on that process, here are some common law firm vulnerabilities:
- Client Cluelessness: Lack of knowledge about or action to address clients' business concerns
- Pricing Obstinacy: Unwillingness to offer clients certainty or affordability in pricing their work
- Service Shortfalls: Consistently acting in ways that place the firm's priorities ahead of the clients'
- Technophobia: Refusal to study, consider, or adopt new tools to improve workflow or productivity
- Complacency: Regarding both the quality of the firm's services and the security of its client relationships
If your five best clients went to the market today and posed Mark Chandler's question to your toughest competitors, what would be the result? Convene an urgent session of your leaders and managers to figure out the answer, because if you lose those clients, you lose your firm.
Or even better: contact each one of those clients, today, and ask them yourself.
Contact the author, Jordan Furlong
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Great lawyers tell great stories. Here are three steps to becoming a legendary storyteller
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by John Plank
Lawyers are professional storytellers. We use stories to inform, motivate and persuade in transactions and cases. In court, when arguments are roughly balanced, the best storyteller usually wins. Your first meeting with clients is an exchange of stories. Storytelling is so effective because it immediately connects at both an emotional and intellectual level, engaging the imagination and the creativity of your listeners.
Most of us by now know why and when we should tell stories, but not everyone knows how to tell stories well, or how to improve this skill. Take heart; you are a born storyteller, and getting better is a matter of remembering what you love about stories. There are three enjoyable stages in this process.
1. Demystify
Storytelling is not the preserve of a gifted few. Stories for humans are like water for fish: we are so used to them that we don't recognize storytelling as an innate human trait. Our children's' first words are stories; they delight in telling us, endlessly, what they can see and what they have been doing. Every family mealtime conversation, every newscast and almost all entertainment is some sort of storytelling. Whether we call it by name or not, storytelling is what we do most of the time.
2. Familiarize
Pay some more attention to the stories and storytellers that you already enjoy: friends, actors, newscasters, politicians, and particularly colleagues and clients. How might you categorize the storytellers you know? What makes the good ones so good? Why do the poor ones fail to engage? The first rule of improving your storytelling ability is that it must be enjoyable. Don't waste a minute studying or enduring what is not pleasurable. (You probably get enough of that at work!)
3. Internalize
Are we forgetting how to remember? The benefits of memorizing have only begun to be fully appreciated in the past 20 years. For more than 100 years, our educational systems included the memorization of poems, a practice discontinued in the 1950s when learning subjects "by rote" was shown to be inefficient. But in abandoning the memorization of poetry, the educators threw the baby out with the bathwater.
There are three major benefits to memorizing prose or poetry and reciting it. First, it develops a part of the brain that is not used in any other kind of learning and increases and extends our ability to memorize. Secondly, it improves our use of language, adding to our vocabulary and enabling us to use powerful metaphors and other linguistic techniques.Finally, memorizing and reciting important information helps us to design our information "for the ear," to prepare presentations more quickly and to speak more confidently and memorably with acuity, empathy and power.
Follow these steps to unleash your inner storyteller. You'll enjoy speaking more, and people will enjoy listening to you more. It's that simple.
Contact the author, John Plank
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