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Category Archives: Risk Management

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Beyond Smart: Lawyering with Emotional Intelligence

Posted in Announcements, Books, Business Development, Client Service, Coaching, Communication, Compensation, Conflict, Culture, Decision-Making, Diversity, Emotional Intelligence, Ethics, Innovation, Law Departments, Law Education, Leadership, Management, Mentoring, Pro Bono and Community Service, Productivity, Professional Development, Profitability, Recruitment, Retention, Risk Management, Succession, Teamwork, Uncategorized, Wellness, Work Satisfaction, Work/Life Balance
I am pleased to announce that Beyond Smart: Lawyering with Emotional Intelligence is today (along with the eclipse) available here on the ABA Shop website. This is the first comprehensive guide to understanding and raising emotional intelligence in the unique context of law practice. It covers a myriad of topics, including: What emotional intelligence means, its research… Continue Reading

Outsmarting Artificial Intelligence Part 3

Posted in Assessments, Books, Business Development, Client Service, Coaching, Communication, Culture, Decision-Making, Emotional Intelligence, Leadership, Management, Mentoring, Productivity, Professional Development, Profitability, Recruitment, Retention, Risk Management, Teamwork, Uncategorized
So we realize the depth and breadth of the competition that artificially intelligent technology can pose to our traditional legal practices. We are, after all, not able to access as many sources and certainly not as fast and perhaps not as sophisticated in our analysis logarithms as some machines are. Then again, we have our… Continue Reading

Outsmarting Artificial Intelligence Part 2

Posted in Books, Client Service, Communication, Decision-Making, Emotional Intelligence, Leadership, Management, Professional Development, Risk Management, Uncategorized
Sure, as we were saying, we lawyers could use some extra computing capacity, but isn’t there something unique about dispensing legal services that makes our positions secure from the onslaught of robots with artificial intelligence? For example, some aspects of providing legal advice involves less data crunching and more soft skills. Doesn’t that protect us… Continue Reading

Outsmarting Artificial Intelligence Part 1

Posted in Books, Business Development, Client Service, Decision-Making, Emotional Intelligence, Innovation, Leadership, Management, Productivity, Professional Development, Risk Management, Teamwork, Uncategorized
If you’ve been watching Mostly Human, the new CNN series on some of the extreme applications of technology, you may be smugly thinking that at least law is immune to such bizarre technological intrusions. But the surge of technological advances in artificial intelligence and the rising incidence of its applications in business is destined to… Continue Reading

Whistleblowers United

Posted in Client Service, Communication, Conflict, Culture, Decision-Making, Emotional Intelligence, Ethics, Leadership, Management, Professional Development, Risk Management, Uncategorized
Speaking of ethical decisions, those who would be whistleblowers are usually caught by emotional crosswinds, often mentioning the difficulty they have in dealing with their own mixed emotions. As researchers concluded in “The Role of Emotional Intelligence in Ethical Decision Making at Work,” “Whistleblowing involves an intrapersonal conflict—an internal struggle of conflicting emotions that need… Continue Reading

Reducing the Liability Coming to Low EI Law Firms and Law Departments

Posted in Coaching, Communication, Conflict, Culture, Decision-Making, Diversity, Emotional Intelligence, Ethics, Leadership, Management, Mentoring, Professional Development, Recruitment, Retention, Risk Management, Uncategorized, Work Satisfaction
An amendment to Rule 8.4(g) to the ABA Model Rules of Professional Conduct, first circulated in December 2015 and then adopted on August 3, 2016, prohibits lawyers while practicing law from engaging in conduct they “know or reasonably should know” constitutes harassment or discrimination based on “race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender… Continue Reading

Happiest of Holidays!

Posted in Announcements, Books, Business Development, Client Service, Coaching, Communication, Compensation, Conflict, Culture, Decision-Making, Diversity, Emotional Intelligence, Ethics, Innovation, Law Departments, Law Education, Leadership, Management, Mentoring, Pro Bono and Community Service, Productivity, Professional Development, Profitability, Recruitment, Retention, Risk Management, Succession, Teamwork, Wellness, Work Satisfaction, Work/Life Balance
From Law People Management to you and yours, we wish you peace, prosperity and good health during the holidays and throughout the New Year. To that end, we are pleased to announce the publication by the American Bar Association of our book The Emotional Intelligence Edge for 21st Century Lawyers currently scheduled for summer of… Continue Reading

California Takes on Attorney/Client Sexual Relationships

Posted in Client Service, Culture, Emotional Intelligence, Ethics, Risk Management, Uncategorized
As noted in our ever-popular posts Lawyers Lusting After Clients and Their Spouses and Addendum to Lust, forum shopping should be on your mind if you’re looking for some nookie from a client. California may soon become one of the “don’t-even-think-about-it” states. The California Bar Association has proposed that any sexual relationship arising between a lawyer and his/her client… Continue Reading

Dumbing Down the Law?

Posted in Innovation, Law Departments, Law Education, Leadership, Management, Productivity, Profitability, Recruitment, Retention, Risk Management, Uncategorized
Here we are into another application-to-law-school season and there are hopes that the numbers are starting to look up. After all, the news over the last few years–the lower number of applicants to law school (declining over 40% to the lowest level in 15 years), the low enrollment rate (2014’s was the lowest since 1987), the… Continue Reading

Lawyers in Conflict

Posted in Client Service, Coaching, Communication, Compensation, Conflict, Culture, Decision-Making, Emotional Intelligence, Law Education, Leadership, Management, Mentoring, Productivity, Professional Development, Profitability, Retention, Risk Management, Teamwork, Uncategorized, Work Satisfaction
Having just finished an interesting assignment helping a firm resolve conflict among its ranks, I am freshly reminded of what it is that puts lawyers into conflict and then keeps them there.  So please indulge me in this seat-of-the-pants riff (for the record, none of which, of course, applies to any of my clients). Lawyers are on… Continue Reading

Mamas, Don’t Let Your Daughters Grow Up to be Lawyers: A Preview

Posted in Client Service, Compensation, Conflict, Culture, Diversity, Emotional Intelligence, Innovation, Law Departments, Law Education, Leadership, Management, Professional Development, Profitability, Recruitment, Retention, Risk Management, Uncategorized, Work Satisfaction, Work/Life Balance
In anticipation of a white paper on the persistent question of why there isn’t greater gender diversity in the practice of law, here’s a look at a few of the salient points: Women have comprised roughly half of law graduates for a number of decades, and have been consistently over-represented at the top of their… Continue Reading

The Psychology of Malpractice

Posted in Assessments, Client Service, Emotional Intelligence, Leadership, Management, Professional Development, Profitability, Risk Management, Uncategorized
Does low emotional intelligence (EI) put lawyers at higher risk for malpractice liability? Lawyers test at low emotional intelligence compared to the general population and other professions. They are particularly low in a critical component of emotional intelligence: emotional perception, or awareness of their own and others’ emotions. Being out of touch with one’s emotions has been… Continue Reading

Moral Disengagement and the Law

Posted in Client Service, Conflict, Decision-Making, Emotional Intelligence, Ethics, Law Education, Leadership, Management, Professional Development, Risk Management
Commentators have remarked for years on the decline in ethical standards among lawyers, leading to increasing charges of fraud, theft, breach of fiduciary duties, among other crimes, and also pure incivility. Even lawyers have long thought that lawyers are behaving inappropriately and should be more closely monitored: in one survey, 62% of the lawyers surveyed believed… Continue Reading

More on Love and the Law

Posted in Client Service, Conflict, Culture, Decision-Making, Emotional Intelligence, Leadership, Management, Productivity, Professional Development, Profitability, Retention, Risk Management, Teamwork, Uncategorized, Wellness, Work Satisfaction, Work/Life Balance
In our 2013 entry “The Law: What’s Love Got To Do With It?“, we noted the movement toward integrative law, which  “Pauline Tesler, director of the Integrative Law Institute, believes… is the next ‘huge wave coming to the legal profession.’ As she explains, this type of practice is aimed at ‘out-of-court solutions and the well-being of… Continue Reading

Muir to Speak at ABA Webinar on Emotional Intelligence

Posted in Announcements, Books, Business Development, Client Service, Coaching, Communication, Decision-Making, Emotional Intelligence, Leadership, Management, Mentoring, Productivity, Professional Development, Profitability, Recruitment, Retention, Risk Management, Teamwork, Work Satisfaction
On Friday, February 13th, at 1 to 2 ET, Muir and psychologist Rob Durr will be presenting a program on EQ: What it is and Why it Matters in an American Bar Association Career Advice webinar.  They will be discussing how high emotional intelligence can transform a good lawyer into a great one. Learn: What emotional intelligence is… Continue Reading

Fixing the Leaky Pipeline and Other Gender Developments

Posted in Books, Diversity, Leadership, Management, Professional Development, Recruitment, Retention, Risk Management, Uncategorized, Work/Life Balance
There’s been some good news in the women-in-law category over the last few years. For years, women hovered in the range of 15%-18% of partners in most law firms. Both Debevoise and Cravath have been leaders in changing that–with women comprising a solid 50% average of both firms’ new partners over a five-year period.  The 2011 NAFE/Flex-Time Lawyers… Continue Reading

How Was Your Mental Health Day?

Posted in Assessments, Client Service, Coaching, Culture, Emotional Intelligence, Law Departments, Management, Mentoring, Productivity, Professional Development, Retention, Risk Management, Uncategorized, Wellness, Work Satisfaction, Work/Life Balance
World Mental Health Day was Friday, October 10th.  How did yours go? Did your firm or department remind you not to work such long hours that you lose your critical thinking edge or alienate the personal ties that keep you grounded and productive?  Did you get a refresher on how to deal with stress and its… Continue Reading

Competitors of the Future Arriving Now

Posted in Business Development, Compensation, Management, Profitability, Recruitment, Retention, Risk Management, Succession, Uncategorized
Maybe it’s just us, but the announcement of the departure from Fried Frank of a former managing partner and some of her department carries with it intimations of several current trends in the law business: the British are coming, the accounting firms are coming, and you’d better take a second look at both your profitability and your… Continue Reading

Challenged by Ethics

Posted in Client Service, Coaching, Culture, Ethics, Leadership, Management, Mentoring, Professional Development, Risk Management, Teamwork, Uncategorized
Stephen Glass, the infamous journalist whose writing career collapsed under an avalanche of lies, is not being allowed to practice law in California. The California Supreme Court concluded early this year that Glass, then a law clerk for a Beverly Hills plaintiffs firm, had failed to meet “his heavy burden of demonstrating rehabilitation.” Glass admitted to fabricating parts of… Continue Reading

The Intersection of Law and Psychology

Posted in Client Service, Coaching, Communication, Conflict, Culture, Decision-Making, Emotional Intelligence, Leadership, Management, Mentoring, Productivity, Professional Development, Profitability, Recruitment, Retention, Risk Management, Teamwork, Uncategorized, Wellness, Work Satisfaction, Work/Life Balance
On February 21-22 of this year, the Boyd School of Law and Saltman Center for Conflict Resolution at the University of Nevada at Las Vegas held a very interesting conference on Psychology and Lawyering.  Attendance and enthusiasm were high and organizers anticipate future conferences well-fueled with the expanding research on these related areas. Here are some… Continue Reading

Telling it Straight

Posted in Culture, Diversity, Emotional Intelligence, Leadership, Management, Productivity, Professional Development, Profitability, Retention, Risk Management, Teamwork, Uncategorized, Wellness, Work Satisfaction
Jennifer Alvey “is a recovering lawyer who was once one of the 20% of Feelers in law firms.”  Now she coaches other lawyers in the Nashville area, many of whom are miserable practicing law. In her post “Why Are There So Many Asshole Lawyers?”, she tells it straight about her and her clients’ experiences in “dysfunctional”… Continue Reading

Diversity in Personal Style

Posted in Announcements, Conflict, Diversity, Emotional Intelligence, Ethics, Leadership, Management, Productivity, Professional Development, Profitability, Recruitment, Retention, Risk Management, Teamwork, Work Satisfaction, Work/Life Balance
Muir spoke at the Center for Legal Inclusiveness Summit  in Denver, Colorado on Monday, May 12, a well-run event drawing people from all directions, despite a spring snowstorm.  Muir’s topic was “Achieving the Advantages of Diversity in Personal Style,” a review of the narrow personal style profile that prevails in many legal organizations, the hazards… Continue Reading

The Thing About Blind Spots

Posted in Assessments, Coaching, Communication, Conflict, Culture, Decision-Making, Diversity, Emotional Intelligence, Leadership, Management, Mentoring, Professional Development, Recruitment, Retention, Risk Management, Teamwork
Discrimination comes in all forms. In our 2011 entry on the dismissal of an EEOC suit against Bloomberg, we noted that Karen Lockwood, a senior female partner in Howrey, a Washington D.C. firm and then president of the D.C. Women’s Bar Association, made a distinction between discrimination and unconscious bias: “Law firms are way beyond discrimination…… Continue Reading

Sharpening Our Prediction Skills

Posted in Assessments, Client Service, Decision-Making, Emotional Intelligence, Management, Profitability, Risk Management, Uncategorized
The Lawyer’s Global Litigation Top 50 2013 annual survey of senior in-house UK lawyers has found that projected litigation costs provided by counsel to their corporate clients were off by as much as 100%, with the average being 40%. “[E]ven experienced law firms are often woefully inept at accurately forecasting litigation costs,” the report concluded. That mis-forecasting… Continue Reading