Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Last month, we discussed “Magical Thinking,” the tendency of firm leaders to assume that rank-and-file partners can and will divine the reasoning of the Executive Committee and will take all necessary steps to keep abreast of firm economics, strategic decisions and operational guidance. This tendency produces frequent disconnects between the way firm leaders and managers see their world and the perspectives of individuals toiling away in their personal practice disciplines.
Magical Leaders, Magical Managers
What is true at the leadership level (i.e., the land of vision, strategy and firm culture) is no less true at the management level (i.e., the direction and control of lawyers' here-and-now activities). These two levels often intersect ' and sometimes conflict ' in the Practice Group Leader (PGL) role. PGLs must articulate and champion the firm's strategic vision, as well as translating leadership policy mandates into practical action. In managing specific engagements, however, they must supervise individuals and client teams with highly self-interested motives. But, all too often the PGLs are the big rainmakers of a practice area and truly lack the interest or skills to lead a practice group.
Herding Those Cats
Engineering cat collaboration is hard because it involves trying to align all sorts of very different incentives, rather than painting a rosy abstract picture to which all the cats can swear allegiance without seriously impairing their personal autonomy.
For example, we heard recently from a litigation PGL who regularly needs to draw on partners in different practice disciplines, or partners in far-flung firm offices, to serve as local counsel in various matters. “I'm invariably on a very tight budget, and I tell them I really only need them to help with a narrow band of tasks. What do they do? They read every filing, document, e-mail and mailing label in the entire matter, merrily running the billing clock all the while. Their quest for billable hours creates real problems for me and triggers serious friction between me and my client. I can't bill the client for the time, but if I have to write off a lot of time ' and I do ' it negatively impacts the lawyers in the other offices and makes them less likely to collaborate with me in the future. There is just no managing these people.”
Escaping MTS
Both firm leaders and practice group leaders need to learn basic skills for avoiding MTS ' Magical Thinking Syndrome. Neither leaders nor followers are well-served by making untested assumptions about the other's motives and priorities. Avoiding MTS involves focusing on a variety of communications-oriented action steps:
Make Implicit Things Explicit
Engage in upfront discussions (okay, negotiations) about goals. At the leadership level, this involves painting a true and detailed picture of the impact the firm's strategic and tactical priorities are likely to have on all levels and areas of firm operations. The troops need to know what they are in for, and they must be given a chance to assess how change will impact their personal self-interest. At the management level, this means translating the big picture into what the lawyers must do (sometimes called “action steps”) to pull the strategic priorities into daily reality.
Eschew Obfuscation
In their drive to avoid personal confrontation and discord, lawyers commonly employ euphemisms, vagaries and broad generalizations that mask the true implications of their communications. This is a false comfort, because it is a poor trade-off to swap some initial friction and discomfort for the furious blame-throwing and name-calling that accompanies poorly managed crises and damage control.
Quantify Expectations
To some people, the phrase, “we have a little problem” means that we have a little problem.' To others, it is an understated coded signal that something potentially catastrophic impends. Far better to cast expectations in specific terms: “We need to generate $40 million more in revenue by the end of June, 2014.”
Delegate Responsibility Specifically
Yes, it's time-consuming for leadership and management to drive expectations down to the interpersonal level. It's far easier (and less accountable) to say, “We all need to work harder to pull our weight,” or “We all should be mindful of the budget constraints of projects we're brought in to assist with.” These broad imperatives really are no imperatives at all: They impose no specific responsibility, standards or accountability. They are utterly easy to ignore.
Editorial Board member Pamela Woldow is a Certified Master Coach with experience in individual lawyer coaching and in designing law department leadership development programs. Reach her at [email protected].
'
Last month, we discussed “Magical Thinking,” the tendency of firm leaders to assume that rank-and-file partners can and will divine the reasoning of the Executive Committee and will take all necessary steps to keep abreast of firm economics, strategic decisions and operational guidance. This tendency produces frequent disconnects between the way firm leaders and managers see their world and the perspectives of individuals toiling away in their personal practice disciplines.
Magical Leaders, Magical Managers
What is true at the leadership level (i.e., the land of vision, strategy and firm culture) is no less true at the management level (i.e., the direction and control of lawyers' here-and-now activities). These two levels often intersect ' and sometimes conflict ' in the Practice Group Leader (PGL) role. PGLs must articulate and champion the firm's strategic vision, as well as translating leadership policy mandates into practical action. In managing specific engagements, however, they must supervise individuals and client teams with highly self-interested motives. But, all too often the PGLs are the big rainmakers of a practice area and truly lack the interest or skills to lead a practice group.
Herding Those Cats
Engineering cat collaboration is hard because it involves trying to align all sorts of very different incentives, rather than painting a rosy abstract picture to which all the cats can swear allegiance without seriously impairing their personal autonomy.
For example, we heard recently from a litigation PGL who regularly needs to draw on partners in different practice disciplines, or partners in far-flung firm offices, to serve as local counsel in various matters. “I'm invariably on a very tight budget, and I tell them I really only need them to help with a narrow band of tasks. What do they do? They read every filing, document, e-mail and mailing label in the entire matter, merrily running the billing clock all the while. Their quest for billable hours creates real problems for me and triggers serious friction between me and my client. I can't bill the client for the time, but if I have to write off a lot of time ' and I do ' it negatively impacts the lawyers in the other offices and makes them less likely to collaborate with me in the future. There is just no managing these people.”
Escaping MTS
Both firm leaders and practice group leaders need to learn basic skills for avoiding MTS ' Magical Thinking Syndrome. Neither leaders nor followers are well-served by making untested assumptions about the other's motives and priorities. Avoiding MTS involves focusing on a variety of communications-oriented action steps:
Make Implicit Things Explicit
Engage in upfront discussions (okay, negotiations) about goals. At the leadership level, this involves painting a true and detailed picture of the impact the firm's strategic and tactical priorities are likely to have on all levels and areas of firm operations. The troops need to know what they are in for, and they must be given a chance to assess how change will impact their personal self-interest. At the management level, this means translating the big picture into what the lawyers must do (sometimes called “action steps”) to pull the strategic priorities into daily reality.
Eschew Obfuscation
In their drive to avoid personal confrontation and discord, lawyers commonly employ euphemisms, vagaries and broad generalizations that mask the true implications of their communications. This is a false comfort, because it is a poor trade-off to swap some initial friction and discomfort for the furious blame-throwing and name-calling that accompanies poorly managed crises and damage control.
Quantify Expectations
To some people, the phrase, “we have a little problem” means that we have a little problem.' To others, it is an understated coded signal that something potentially catastrophic impends. Far better to cast expectations in specific terms: “We need to generate $40 million more in revenue by the end of June, 2014.”
Delegate Responsibility Specifically
Yes, it's time-consuming for leadership and management to drive expectations down to the interpersonal level. It's far easier (and less accountable) to say, “We all need to work harder to pull our weight,” or “We all should be mindful of the budget constraints of projects we're brought in to assist with.” These broad imperatives really are no imperatives at all: They impose no specific responsibility, standards or accountability. They are utterly easy to ignore.
Editorial Board member Pamela Woldow is a Certified Master Coach with experience in individual lawyer coaching and in designing law department leadership development programs. Reach her at [email protected].
'
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.