The 7 Cs of Success

What are the critical personal attributes for achieving success?  Shalom Saar, with an M. A. and Ph.D. in Organizational Behavior and Administration from Harvard University, has the answer.  Saar is currently teaching leadership and management at MIT and serves as a visiting professor at the China Europe International Business School.  His clients range from mega-corporations to non-profit organizations around the world, and he is a frequent speaker.

Saar points out that there is no particular personality type that is marked to succeed, but that there are seven personal attributes correlated with success--all starting with "C".  Here is his list:

  • Conviction--also known as persistence in spite of setbacks, which many consider to be the most important indicator of success
  • Comprehension--accurate awareness of oneself and the business environment
  • Competency--delivering promised services and products
  • Communication--effectively connecting with employees, clients and suppliers
  • Compassion--extending kind understanding to others
  • Character--taking a stand on principle
  • Courage--bravery in thought and action

What can managers in the legal workplace take from this list?  While many legal managers can boast conviction and competency, in our experience the remainder of these attributes are less obviously strengths in legal leadership.  Particular challenges are comprehending the particularities of lawyers and the differences between them and their clients, and communicating effectively.  Compassion is not a hallmark attribute of lawyers, although it is one that lured many young people into law school.  Having the character and courage to not follow the legal pack can also be difficult for lawyers--we tend to move in herds.

Lawyers have arrived at a critical juncture where getting the right answer is no longer, if it ever was, the ticket to having a successful law practice. We, like other industries, must cultivate in our firm members the seven Cs of success. Devising a systemic plan for developing these important traits in your talent should be a top priority in these turbulent times. 

It's Crunch Time: Do You Know Where Your Clients Are?

Now is the time to really get to know your clients. What are their budgetary constrictions?  What are their priorities for the next two years?   What do they want more of and less of from their outside counsel?  What keeps them awake at night? 

Do you not only know the answers to all of these and other questions but are also proactively doing something about each of them?

In a recent article in The Legal Intelligencer entitled "Firms, GCs Starting to Talk the Talk," Gina Passarella reports on the growing awareness of law firms of the necessity to dialogue with their clients about their delivery of legal services. 

As Lorraine Koc, general counsel of Deb Shoppes, notes, "the idea of communicating with clients is something that virtually every business does except for law firms."

Some firms realize the importance of addressing that, particularly in the context of this economy.  "If you don't have communication and [clients] can't tell you what they like and dislike, then you're leaving them one choice and that's to leave," Flaster Greenberg managing partner Peter Spirgel says of the reasoning behind their hosting client panel presentations.

Reed Smith has held a client panel at every one of its firmwide meetings since at least 2000. The firm also surveys clients at the conclusion of large matters and survey its largest clients regularly. Managing partner Gregory Jordan also meets with clients regularly to learn more about their businesses and get feedback on the firm's work.

What is the best approach to determining client feedback and where do you start?  Which clients do you include?  How do you format the inquiry? In a forum or with each client individually?  Who inquires and what questions do you ask?  What technology best assists the inquiry?  And, most importantly, how do you translate the information you get into substantive improvements in client delivery?

Our firm provides unparalleled expertise in assessing and cementing relationships between law firms and their clients.  Now is the time.  Let us help.

 

Sotomayor and Predicting Who Rises to the Top of the Lawyering Heap

The recent 5-4 Supreme Court ruling on the New Haven Fire Department vocational advancement exam in Ricci v. DeStefano once again stirs the waters on the question of how to choose the best from among a crowd. (See our entry "The Outliers of Law--Embracing Heresy".) The "best" in this case was determined to be simply the highest scorers, even if those scores seem to imply discrimination against a particular group. 

What's Sonia Got to Do With It?

A lot of press has been devoted to parsing whether Sonia Sotomayor's vote with the majority at the appeals court, which affirmed throwing out the test results, implies her personal position on affirmative action.   

A look at Sotomayor's own test scores gives an interesting gloss to the discussion.  She was, by her own admission, an "affirmative-action baby" who did not do well on her SATs  and LSATS, or at least not as well as her fellow students at Princeton and Yale.  Yet she went on to graduate from Princeton with highest academic honors and has reached the upper echelons of law practice.  As Walter Kirn said in a recent New York Times article about his own experience at Princeton, "the poorer and browner of my classmates — particularly the women — seemed to study twice as hard as I did, clocking endless hours in the library and forgoing weekend parties for late-night cram sessions. Maybe their SAT scores were lower than mine, but they ranked higher than I did on the effort scale. And on the bravery scale too." 

So was this a case of retrospective justice-making by Ms. Sotomayor? 

Regardless of what Sotomayor was doing in the public sector, the glaring lesson to be taken from her own story is that aptitude assessments are not the last word on potential for achievement.

The Texas Experiment

In 1997, Texas House Bill 588, better known as the "Top 10 Percent Law," was passed, guaranteeing high school graduates who ranked in the top 10% of their senior class, regardless of their SAT or ACT scores, admission to a state institution.  While hotly contested at the time as risking the influx of less able students, it is a law that school administrators and legislators agree "by any measure of public policy is a success."

Not only did the 10% plan in Texas get more minority students into top public universities with race-neutral criteria, it spawned similar programs in California and Florida and the consideration of many other states. (Due to its immense popularity, last month the Texas Legislature agreed to limit to 75% of its freshman slots the number from the program that their flagship school, the University of Texas at Austin, had to admit.)  According to the most recent issue of Inside Higher Ed, "every internal study that... the UT system conducted and every external study has shown that the 10 percent students, relative to others, have done better by any measure -- lower attrition rates, graduate in shorter time periods," etc.

As Malcolm Gladwell wrote in his 2001 New Yorker article "Examined Life": "Critics of the policy said that it would open the door to students from marginal schools whose SAT scores would normally have been too low for admission to the University of Texas—and that is exactly what happened. But so what? The 'top ten percenters,' as they are known, may have lower SAT scores, but they get excellent grades. In fact, their college GPAs are the equal of students who scored two hundred to three hundred points higher on the SAT [emphasis added]. In other words, the determination and hard work that propel someone to the top of his high-school class—even in cases where that high school is impoverished—are more important to succeeding in college (and, for that matter, in life) than whatever abstract quality the SAT purports to measure. The importance of the Texas experience cannot be overstated."

Predicting the Best Lawyers

A number of studies have looked for what might predict eventual success as a practicing lawyer. Evidently LSAT scores, and not undergraduate grade point averages, are the best indicators of academic performance in the first year of law school, and academic performance in the first year of law school appears to be the best predictor of whether the new graduate will pass his/her state bar exam on the first attempt. There is also a very strong correlation between the personality attribute of pessimism and law school grades, i.e., the higher the pessimism, the higher the grades.

But none of these factors--undergraduate grades, LSAT scores, law school grades--gives us the key to determining who is likely to be at the top of the lawyering heap. 

A New Kind of Test

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MBTI: All Because of A Lawyer, or Those Mothers-in-Law!

Not only do lawyers score very differently from the rest of the population on the Myers-Briggs Type Indicator (MBTI) (see Muir's article "The Unique Psychological World of Lawyers"), but it appears that a lawyer was responsible for the development of the assessment in the first place. 

According to the Center for Applications of Psychological Types, Inc.  (CAPT),  the organization Isabel Briggs Myers established to research and maintain the assessment, the MBTI was developed by Katharine Cook Briggs and her daughter Isabel in the middle of the 20th century because of questions they had about Isabel's husband, who was a lawyer.

Katharine’s father (Isabel's grandfather) was on the faculty of Michigan Agricultural College (now Michigan State University) and her husband (Isabel's father) was a research physicist who became Director of the Bureau of Standards in Washington. Isabel had a bachelor’s degree in political science from Swarthmore College, where she met and later married Clarence Myers, who became a lawyer.

Katharine first became interested in types because her son-in-law Clarence was so different from the rest of the family, CAPT reports. To try to help them both better understand Clarence, Katharine introduced Isabel to Jung’s book, Psychological Types, which was published in1921.

As they worked on the indicator during World War II, Myers' and Briggs' goal became “to show how our differences... can be valuable rather than divisive, and can be used constructively . . . to promote personal development . . . manage conflict and . . . increase human understanding worldwide,” and specifically to help women who were entering the industrial workforce for the first time identify the sort of war-time jobs where they would be "most comfortable and effective."

The Myers' marriage was by all reports happy and long-lived, so Isabel's inquiry into types may have proved productive not only for the greater world--where over 50 million MBTI assessments have been given, making it the oldest and most widely used personal style instrument. 

 

Who is the Best and Brightest?

The Grant Study is an extraordinary longitudinal study undertaken in the late 1930s to shed light on "the urgent question of how to live well."  As participants, a group of 268 (male) Harvard College sophomores, including John F. Kennedy and Ben Bradlee, were chosen for showing particular promise.

An article interestingly entitled "What Makes Us Happy?" in the June 2009 issue of the Atlantic explores what we might learn from 72 years of following that gifted group.

The biggest surprise may be how unreliable those evaluations at a formative age turned out to be for purposes of predicting future success and happiness. Or perhaps, that in spite of those evaluations, how inevitable stumbling is.

As David Brooks, in his May 11, 2009 editorial "They Had It Made" in The New York Times relates: "Their lives played out in ways that would defy any imagination save Dostoevsky's.  A third of the men would suffer at least one bout of mental illness.  Alcoholism would be a running plague.  The most mundane personalities often produced the most solid success."

Almost as interesting as the study is the man who has been overseeing it for more than four decades, George Vaillant.  Vaillant doesn't hesitate to arrive at a familiar yet profound conclusion:  relationships are the key to happiness. 

Yet the difficulty of putting that dictum into practice is evident in Vaillant's own life.  At work, he has proved to be a valued colleague and mentor.  On the personal front, things are much more challenging.  His father committed suicide, which his mother never acknowledged, his three marriages all ended in divorce and his children describe their home as being a "civil war" and their father as having a problem with intimacy.

There are some other interesting takeaways from the study, which Brooks points out.  All the men tended to cope better as they aged.  Those who suffered from depression by age 50 were much more likely to die by age 63.  Those with close sibling relationships proved much healthier in old age than those without them.

What is not clear is why these particular young men were chosen to participate in the study in the first place.  All we really know about them is that their admission to Harvard College at that time meant they were at least reasonably bright and probably the sons of influential and wealthy families. And that someone at  Harvard College had a high opinion of them. 

Of course, in the 1930s they didn't have access to the bundle of assessments available to us in the 21st century.  The "science" of head size and phrenology (the study of bumps on the head) had had its heyday during the prior century. The concept of an assessable intelligence quotient had only recently been introduced; the Wechsler Intelligence Scale would appear a few years later.  

What did the Grant Study originators think success in "living well" meant?  And what did they think it took to accomplish that?   In other words, what specific attributes were they looking for?  Might the many different paths that the participants eventually took reflect a lack of a clear vision on the part of the originators as to their concept either of success or its antecedents?

Perhaps Brooks' note that "the most mundane personalities often produced the most solid success"  informed another editorial, "In Praise of Dullness," that appeared a week later.  There he cited a recent study that seems to point to "relentless and somewhat mind-numbing commitment to incremental efficiency gains" as the critical attribute of successful CEOs.  Even if that correlation is in fact relevant (see the comments on Richard Edelman's "Dull Advice," which question its relevance as a broad-based indicator), it seems unlikely that it was young men with that attribute whom the Grant Study originators sought to identify.

Knowing what you are looking for in any selection process is critical.  Organizations around the world use sophisticated assessments to choose candidates for employment and advancement based on the competencies, attributes and traits that they have found predict success in their organizations.

Yet we recruiters of legal talent often don't know what we are looking for.  At a roundtable two weeks ago on legal hiring, David Van Zandt, Dean of Northwestern University School of Law, entreated law firms to develop a better model for selecting their summer associates.  "I've long advocated that firms really need to look at their data... and identify the characteristics that they're looking for in their candidates," Van Zandt said. Now, "you just go out and throw a wide net and pull people in." 

In fact, as we've suggested (see our entry "The Outliers of Law--Embracing Heresy "), the single attribute--high class standing--that firms do look for may be the one that could well be jettisoned--or at least modified--with little impact on the quality of legal services.

What the Grant Study does show is that predicting the future course of even a bright young person with a shiny veneer of promise can be difficult.  And that regardless of their credentials or intelligence, many are likely to fall to the various vicissitudes of man--mental illness, addiction, relationship breakdown. 

So then, what can one do to be happy?

Valiant knows: "Happiness is love, full stop." 

Now it's just a matter of implementation.

 

Spotting and Repairing Critical Talent Breakdowns

In the current stressful marketplace, the rate of lawyers' incidence of impairment has been ratcheting up from high (see, for example, our September 5, 2008 entry "The Depression Demon Coming Out of the Legal Closet") to even higher.  See "Employment Woes Fuel Uptick in Lawyer Depression."  Firms suffer losses in productivity, morale and recruitment because of impaired lawyers, and also risk client desertions, losses to their reputations and malpractice liability. 

Firms can take several approaches to both assist their lawyers and protect their bottom line.  Thomas & Knight attorney Peter Riley, as managing partner, instituted an extensive program to address lawyer stress caused from depression, substance abuse, anxiety, etc. in order to provide help fast, without worrying about insurance authorization or long waits for appointments, and with complete confidentiality.  Even with the costs of the program, Riley finds it cost-effective to the firm.  "When a lawyer or lawyer's child or spouse is in crisis, that is going to be the focus of their attention," he says.  "If we can provide assistance for them quickly, we have not only done the right thing for our lawyers, we have done the most economic thing.  It's the perfect intersection of what is right and what is profitable."

Let us draw from our extensive experience in this area to help you spot and support critical talent confronting personal distress.  We can assist on an individual-by-individual basis or by helping you set up a confidential, effective program attuned to your goals and budget.