Practical Practice Management Skills:A Case Study of Time Management Conflicts

One of the more interesting client assignments we have had involved a small practice group in a middle-sized firm on the West Coast.  The firm charged us to find out what was "wrong" with the group and "fix"it or, if it couldn't be fixed, the firm was going to dump the whole group.

When we arrived at the firm to familiarize ourselves with the issue, the tension was palpable.  Clearly this group had made enemies of the firm leadership.  We were told that the group was unprofessional and disorganized, although, when pressed, not many specifics were forthcoming, only the general consensus of the rest of the firm that the group was not conducting their practice at the level of excellence that was the firm's tradition.

The dissatisfaction with this group became even more puzzling when a review of the firm financials and interviews with group members and a few of their clients showed that the group was quite profitable, with new work pouring in regularly, their clients seemed generally pleased with the group's representation, and the lawyers in the group expressed some of the highest satisfaction ratings with their practice of all the lawyers in the firm.

What exactly was going on here?

The entire firm took the Meyers Briggs Trait Indicator (MBTI), an assessment that measures four different personal style preferences.  The mystery was instantly solved! 

The fourth continuum that the MBTI measures covers work management, including time management.  One side of the continuum is what is considered the "business standard":  working in a methodical, incremental way over a specified time period in order to finalize on schedule a project (these people are called Judgers or Js).  About 65% of lawyers are on this side of the continuum, as are over 50% of the general public.  Nearly all of the lawyers in our client firm who were not in the suspect practice group were Js.

On the other side of the continuum are people who work in a very different fashion:  they often think about the project, going far afield or engaging others' opinions, during most of the time period before the project is due. Then some time fairly close to the due date, these people hunker down, possibly pulling an all-nighter or two, until the project is finished, hopefully without any glitches that delay the delivery beyond its scheduled date. The people on this side of the continuum are called Perceivers or Ps and every one of the lawyers in our despised practice group was a P.

There are benefits to both workstyles. Ps often bring a fresh up-to-the-minute perspective from outside the usual resources. And Js can be counted on to be methodical and organized in their approach.  There are also weaknesses to both styles.  Ps may get so focused on thinking and research that they may not calibrate their slide into first base accurately and end up with a Chinese fire drill stretching over many days and even then concluding with a late delivery.  Js may be so consumed with finishing in an orderly fashion and on time that they fail to find and consider some of the stickier, more problematic issues that might slow them down, but may also be the crux of the assignment.

The real problem lies in the interaction between the types. The Js judge Ps as much by the unmeasured, erratic pace of their completion as by the quality of the final work product.  While Ps consider Js to be too narrow, regimented and possibly out-of-date in their approach.

Which roles the types play--who has the supervisory attorney role and who is the associate--also impacts how their respective behaviors are viewed.  Often supervising Js find their associate Ps to be "lazy" or "procrastinators" because in week one of a three week project they don't have the 3 page outline the J would have had at that point.  The P associate finds the J supervisor unnecessarily meddlesome--the associate has promised that the work will get done on time and it will, in spite of the J's rigid ideas about time management.

On the other hand, supervising attorneys who are Ps are often famous for running their teams late into the night before a deadline, which particularly the J associates resent because they would have time-managed the completion in such a way as to be simply putting on the finishing touches during the last few days and possibly enjoying a night at the theater. 

So that was the answer to our client's dilemma.  Was this practice group unprofessional?  No, they were simply Ps being  judged by J notions of efficiency.  Within the group, the Ps were well adjusted to each other's style and the clients were satisfied.  It was only when the Ps were working outside the group--working jointly on projects or sharing clients with other groups in the firm--that tensions rose.

Did behaviors have to change to solve the perceived problem?  Awareness produces a huge shift on its own--it is the original and most effective change management tool.  Once the Js realized how the Ps worked, and that they could do so successfully by their clients' standards, there was an immediate improvement in inter-partner relations.

But some behaviors did change.  The J partners stopped goading the Ps at the outset of the project to produce evidence of its commencement. The P partners made sure they communicated to the Js at regular intervals that their projected delivery was on schedule, or they made clear as soon as possible if it was not, and when it would be delivered.

There were no doubt lingering doubts on both sides of the continuum as to whether they could work together happily, but at least they learned as a firm how to do so successfully.  And there is no question in our minds as to whether the clients benefited from having both types on their projects--they definitely did.

Emotional Intelligence At Work--The Crux of Hiring and Promotion

In a new CareerBuilder survey of more than 2600 hiring managers and human resource professionals nationwide, 71% said they value emotional intelligence in an employee more than IQ and 34% said they are placing even greater emphasis on emotional intelligence when hiring and promoting employees post-recession.  And 59% said they would not hire someone who has a high IQ but low EI, while 75% said they would promote a high EI worker over a high IQ candidate.

Why do these hiring managers value EI so much?  Because, they said, the high EI employees:

  • are more likely to stay calm under pressure
  • know how to resolve conflict effectively
  • are empathetic to their team members and react accordingly
  • lead by example
  • make more thoughtful business decisions

What behaviors do these managers look for that indicate high EI?  Employees who:

  • admit to and learn from mistakes
  • keep emotions in check
  • have thoughtful discussions on tough issues
  • listen as much or more than they talk
  • take criticism well
  • show grace under pressure

Another recent announcement was the inauguration of the USF SELECT program, in which a small group of incoming University of South Florida medical students are being admitted into an elite program based on an evaluation of their emotional intelligence.  The SELECT program is based on the expectation that "students with higher emotional intelligence can become more engaged, compassionate physicians who work effectively with teams and can lead change in health care organizations." Although this is the first time USF has used emotional intelligence as a gauge of leadership potential, the goal is to eventually incorporate EI training into the curriculum for all medical students, a trend in medical school education that is spreading rapidly.  

The SELECT program will include peer and faculty "coaching" groups intended "to help them cultivate this skill set of emotional competence," according to the USF Vice Dean Dr. Alicia Monroe. 

In order to choose the incoming SELECT class, faculty submitted applicants to a 90-minute "behavioral event interview," a method of interviewing that is often used in the business world and is starting to be used by some law firms, but is rarely part of academic medicine applications. Students were asked to recall how they reacted to specific quandaries or important events in their lives and what they learned from each situation. Teleos Leadership Institute staff trained the SELECT faculty to look for "a grounded explanation in students’ lived experiences," Dr. Monroe said. "To see, through this, how the students articulated the way in which they reason, problem-solve and use self-awareness to interact effectively with others, to communicate empathy and to manage relationships.."

In asking how he viewed the relevance of the EI screening, one of the successful candidates stated that "Once we become more aware of how we interact on an individual level, we will be prepared to collectively lead efforts for systemic changes in healthcare delivery. This is the big picture and it is still abstract, but I hope this program sets us up to do just that."

Halfway around the world, the new Australian Prime Minister Julia Gillard's department is providing emotional training workshops and personal coaching to her cabinet and staff.  "The fundamental purpose...is to foster enlightened and responsible leadership," according to one of the providers.

What is the common thread here?  Emotional intelligence is no longer a "squishy" concept that starry-eyed granola eaters and new agers proselytize.  We lawyers are about to be set back in our perennial competition with doctors by their realization that EI conveys real advantages, something corporate managers are already well aware of.

Will lawyers get the message?  Or are we too smug in how enlightened we are already?

The Unhappy Lawyer

According to the recently released 2011 Associates Survey, third- through fifth-year associates billed the highest number of billable hours in 2010 since 2007, working more than two extra weeks (80 billable hours, or a total average of 2,037 hours) compared to the 1,975 average  hours billed for 2009.  Which may account for the fact that the average firm composite score in terms of associate satisfaction declined for the second straight year to the lowest level since 2004.

While they may find consolation in their at least having a job in this economy, and also in their salaries, which are at their highest level in five years, whatever bump these associates get from those facts obviously hasn't done much to get their satisfaction rates out of the cellar.

On top of this survey comes the results of a survey conducted by Captivate Network, the company that publishes news headlines on elevator and lobby screens, of more than 670 North American white-collar workers.  The unhappy white-collar worker is an unmarried 42-year-old professional female, identified as a doctor or lawyer, making @ $100,000.  The typical happy white collar worker, on the other hand, is a 39-year-old married man with a household income between $150,000 and $200,000 in a senior management position, with one young child at home and a wife who works part-time.

Certain of the survey results may help explain our unhappy associates: 

  • 89% of happy people leave work at a reasonable hour, compared to 49% of unhappy people.
  • 93% of happy people take vacations, compared to 79% of unhappy people.
     

There is a significant difference in income between our two profiled workers, although one hopes that $50,000 doesn't mark the difference between happiness and unhappiness.  And certainly the literature is full of data showing that personal relationships are what makes us happy, which our hapless lawyer does not seem to have. If happy people leave work at a reasonable hour, do our mid-level associates even have a shot at being happy?  Also, commentators have pointed out that the woman is not described as being in a "senior" position, which may reflect years of banging her head against the glass ceiling.

There is also always an issue about causation in this kind of data.  Maybe unhappy people spend more time at work or don't take vacations because they are...unhappy.

But the bottom line is that the trend line for lawyers is not good, either in hours worked or work satisfaction.  Are we individually or collectively going to do something about it?

Liability for Lack of Lawyer Oversight?

A recent malpractice suit filed by a client against  McDermott Will & Emery places the spotlight on the challenges posed to firms trying to more efficiently process work that doesn't require high-powered lawyering. 

The client, J-M Manufacturing, the world's largest plastic pipe manufacturer, claims that McDermott failed to adequately supervise contract attorneys, which resulted in 3900 documents being disclosed that were "privileged or irrelevant." J-M also contends that plaintiffs in its suit refuse to return these documents, handed over to them by the U.S. Attorney's office in Los Angeles.

J-M alleges that McDermott "participated in the hiring" of the contract attorneys from third party vendor Hudson Legal and "also assisted in their training."  In addition to hiring contract attorneys, according to a J-M source, McDermott relied on two third-party "electronic discovery" vendors to automatically separate out all privileged documents with a search term filter.  It is not apparent how much these services contributed to the misidentified documents.

J-M's points out that the contract lawyers were paid a fraction of what regular associates would be paid, implying that they are inferior in quality to the firm's regular associates, and also that the firm makes a higher profit on these lawyers than on their regular associates. McDermott's own attorneys billed J-M at "rates as high as $925 an hour," J-M alleged, while the law firm paid the rate of $61 an hour to staffing firm Hudson Legal, without specifying how much, in turn, the contract attorneys were paid. The initial claim of "improper markup" was dropped in an amended complaint.

Of course, the way to meet the demands of clients to make this type of routine service more cost-effective is indeed to find lawyers and other professionals who can adequately do the work at a much lower cost structure.  Apparently J-M thinks the cost-cutting aspect prevailed over the necessary level of legal adequacy and, to add insult to injury, the firm made a sizeable profit.

Temporary legal staffing in the U.S. is projected to increase by 25% cumulatively over the next two years, according to the most recent estimate by Staffing Industry Analysts, a research group.  The outsourcing/temporary hire industry is often the bottom-of-the-barrel in terms of credentialed lawyers, and their work conditions are often compared to forced labor conditions, with production targets and strict search protocols instead of any independent analysis. In addition, there is in fact no industry standard for what a review should accomplish, with comparative studies showing wildly different results among different "ad hominen" and tech reviews.  See commentaries to the ABA Journal article and WSJ article for on-the-ground examples.

This case challenges all law firms engaged in such hiring or considering it to have a thorough understanding of who to hire, what personal traits and skills are best suited for this work, how to manage the work environment, what kinds of parameters and incentives to put in place, how to instruct the workers and how to supervise them (both identifying supervisors and methods of supervision) for the best results.  Few firms have gone through the work of answering these questions for their clients.  The ones that do will reap a more solid professional reputation and a more trusting clientele.  And those profits to boot.