Want a Smoothly Operating Productive Law Office? Create a Collaborative Workplace©

Would you like an office environment where work seems to flow effortlessly without struggle, you produce extraordinary results with ease and you leave at the end of the day exhilarated rather than exhausted? Think about that one day where everything worked: co-counsel provided excellent summaries of the applicable law before you needed them; your legal secretary efficiently combined it into one organized document; you found the file completely in order and could immediately put your fingers on exactly what you needed; you were able to focus on finalizing the document without interruption using a computer program that functioned flawlessly; the transmittal letter and exhibits were assembled, labeled and proper number of copies prepared; the printer produced the final document without jamming; the file clerk arrived at your door on time, got to the courthouse an hour before the filing deadline and pulled into a parking space by the front door that someone just left with time on the meter. Call it synchronicity, synergy, flow or magic, most lawyers have had at least one such experience. It is possible to employ some simple1 strategies to recreate such experiences consistently rather than randomly – okay, maybe except for the parking.

Lawyers get little to no training in running a business. Operating an effective law practice is not covered in the typical law school curriculum. How to develop a successful professional practice and handle the “business” of law is likewise not taught in most law firms. Formal mentoring in these subjects is often lacking since senior lawyers have little training beyond their own experience, perpetuating tradition rather than promoting business innovation. The art of advocacy taught in law school, adversarial in nature, is not conducive to the effective management of time, people, information, finances and related day-to-day work systems. Alternative Dispute Resolution related legal training provides some subject matter transferable to creating a successful office environment, with its focus on interests, values and minimizing conflict, yet this practice is generally applied to resolving litigation and not to typical law firm work situations.

So how can you create a collaborative workplace where everyone joyfully contributes their best efforts to more easily create productive and intended results? Volumes have been written on business management, too overwhelming to administer while trying to simply get the legal work done. Consistent and uniform application of some simple concepts in the four areas of Team Alignment, Responsibility, Communication and Operations, can promote an effective office environment without the related information overload. While simple, to work in practice there must be a commitment to consistency of application at all levels of the organization best demonstrated by the express agreement of each member to use them. They are basic performance standards applicable to all, a deviation from traditional top-down management style.

The foundation for use of these concepts is the recognition that making a business operate optimally is difficult, if not impossible, for one person to do alone. Any lawyer just starting out in practice or leaving a firm to go solo can readily tell you how many hats there are to wear to get through a work day, a billing month and simply produce the legal work, let alone deliver comprehensive legal services. A varied group, and not just attorneys, handles the business of law. In a large firm they may be organized on one campus and in a smaller operation they may be contracted, off-site or geographically dispersed. Even in this technological age an attorney produces very little legal work without the assistance and support of a number of other people. It is much easier and more effective if that group operates as a Team.

In building a team and working as one, the first requirement is to acknowledge the tremendous contribution of each person to the operation of the business – the ultimate delivery of and payment for excellent legal service. From that perspective, we must treat one another as equally important to the final outcome, no matter what role we play. The lawyer, although burdened with the ultimate responsibility for the outcome, is no more important than the firm’s file clerk and office manager if the work cannot be produced consistently, timely, with client satisfaction and regular collection of fees. Without the synergy2 produced by that conscious focus, the group is simply a disorganized sum of various parts, rather than an exponentially high-performance team. Law firm culture is the glue that either holds the firm together or doesn’t; and is directly and subtly shaped by the attitudes and actions of its licensed attorneys. That culture determines the commitment and level of involvement of all members, as well as, the overall success of the firm, its management initiatives and its objectives. As keeper and steward of that culture, it is each attorney’s responsibility to hold this focus and provide the example needed to maintain it.

Holding that focus requires a willingness to suspend an overactive belief in self-importance or superiority, and is aided by a commitment to collaboration. Collaboration involves an effort to work with another to find a solution that fully satisfies the concerns of both people. A high level of assertiveness demonstrates strong concern for self, and a high level of cooperation demonstrates strong concern for others. A high level of both must be present for collaboration.3 Thus, willingness to both speak up without fear and listen fully must be fostered among all individuals in the workplace, by encouraging those who generally speak to listen and those who generally listen to contribute. Collaboration is effective when there is an objective to learn, merge insights on a problem from people with different perspectives, gain commitment by incorporating others’ concerns, work through hard feelings, and correct or avoid interference with an interpersonal relationship.4 These are standard operational goals of a personal service oriented workplace, dependant upon the actions a variety of people. These goals can be easily thwarted if the competitive nature of law practice is also used as a management style.

Emphasizing collaboration also supports the notion of personal mastery by each member of the organization, characterized by several elements conducive to business and professional excellence: sense of purpose, an ability to work with change rather than resist it, commitment to continual learning and creativity, and deep connection to others and life itself. These elements of personal mastery are considered “a special level of proficiency in every aspect of life – personal and professional.”5 Contrary to belief, supporting individuals’ personal mastery has been shown to contribute to rather than undermine organizational success. Promoting the full development of each member of an organization supports his/her reciprocal commitment to the organization.6

That being said, a coordinated team can be established and maintained through three basic steps of Team Alignment.

* First, secure the express willingness of all members of the organization to support its purpose, rules, policies and goals,7 and to work together. Include, at a minimum, acknowledgments to refrain from abandoning a teammate in need and from letting personal issues stand in the way of the applicable task. Paradoxically, the latter is best secured by the organization’s express willingness to acknowledge and support the personal lives and needs of its members. This is commonly known as creating a WIN-WIN8 environment.
* Second, it is important to engage in regular dialogue with the entire team9 by way of regular meetings. Schedule meetings with reasonable frequency, perhaps every two weeks at first and then monthly after a routine is established; and for a fixed duration related to the size of the group and the agenda. Get the agreement of the group members as to the most convenient time. At the beginning of each meeting, ask for a round-table contribution from each member,10 and utilize a planned agenda of work related topics to which all members can contribute.
* Finally, alignment requires a commitment to reach resolution in conflict situations, which takes into account everyone’s interests, rather than compromise where someone (who might be you) must give up something. This commitment takes time, energy and creativity; and making the effort is worth the results.

The second concept involves the demonstration of Responsibility. Basic to this concept is for each person to acknowledge his/her own responsibility in every situation and avoid blaming others or attempts to justify for a negative result.

* One of the most important ways to demonstrate responsibility is by completing agreements, in particular time agreements. While attorneys are keen about this with courts and adversaries, the practice internally with co-workers and staff (and in personal relationships) often suffers.
* Make only agreements that you are willing and intend to keep.11 Think about how often something you say may be counted on by someone else, and consciously avoid making comments inadvertently or in passing. Practice this by eliminating even the socially appropriate but insincere temptation to say “Let’s have lunch” or “I’ll get back with you on that” when you have no intention of doing so.
* Communicate any potential broken agreement at the first appropriate opportunity with as much advance notice as possible. When it appears you are not going to have a report or research summary done when you thought you would, let the intended recipient know so they can stop anticipating it and re-adjust their schedule as well. This demonstrates you are a steward of your word.
* Similarly, clear up any broken agreement at the first appropriate opportunity; don’t avoid it or wait to see if you will be challenged. Acknowledge your responsibility with an apology.

Clear Communication is the third important concept.

* The foundation of sound communication is active listening. That includes acknowledging what another speaker communicates, such as by repeating or summarizing what was said; as well as acknowledging it as true for them, honoring their perspective, whether or not you agree with it.
* After careful listening comes the art of speaking supportively. This requires a willingness to compassionately tell the truth and to receive the same from others, without making judgments of “wrong” or “right,” as well as to communicate concerns directly to the person involved rather than others. This contributes to resolution and prevents the potential harms of gossip and ineffective or possibly damaging triangulation.12
* As with active listening, delivering spoken communications is more effective when you clarify your communication through verification of the response. Communication is not the message you send, it is the response you get. Don’t simply assume a message has been accurately sent or received; ask the listener to repeat his/her understanding. Then you can clarify further if there is mis-understanding or plain missed communication.
* Agree as a team that when you have a doubt about what’s being communicated, you will examine your feelings and intuition, and include a focus on the emotional tone behind the words, to confirm what you think you heard particularly if you experience a sense of un-ease or upset. Communication is delivered with more than just words.
* Upsets are an opportunity to learn something important. If an upset lasts longer than 30 minutes, agree that each party will seek input from an objective advisor and return to complete the communication later. Upsets in communication often result from the thoughts, feelings, past experiences and sometimes personal baggage one brings to the conversation, rather than from disagreement over the subject. Agree that each party will do an internal check to see what their part may be in creating or maintaining the upset, and then attempt resolution.
* In the busy world of the law office, it is also helpful whenever possible, to honor the importance of another’s work and time by putting communications in writing, unless it is something urgent where disrupting them may be necessary. Production by all members of the law office is hampered by disruptions caused by the need to shift focus from the work in front of them to an oral comment from someone passing by a workstation or doorway. This applies equally to attorneys and all legal support or administrative staff members. Such disruptions are costly to operations, not to mention disrespectful. Use of email, electronic scheduling, voice mail as well as a good old memo pad can significantly improve everyone’s productive time, benefiting the organization as a whole.

If this level of honor and respect in communications exists between members of the organization regardless of their role, it is amazing how much more forthcoming everyone will be with concerns, problem-solving ideas and information necessary for the organization to grow and flourish. This prevents what is known as “mismanagement of agreement,”13 a costly problem often more insidious and harmful than actual disagreement. Members of an organization will simply agree to things they really think are stupid or unworkable because they are afraid to tell the truth from their perspective about what may be a really bad outcome.

Aligned team members each committed to act from a high level of personal responsibility and engage in clear and respectful communications can much more effectively address Operations in the law office. This is the fourth area of focus. Smooth operations result from a belief and recognition that each person in the organization wants to do their best and be acknowledged for it,14 a commitment to mutually create an environment conducive to that result and a basic understanding of systems. Systems thinking involves looking at wholes, interrelationships rather than linear cause and effect chains, moving pictures rather than snapshots in time concerning how things happen or get done. It involves seeing circles of influence and patterns that repeat themselves over time causing results that improve or deteriorate. Systems are the “what” and “how” of activities, dependent for consistency and effectiveness upon clearly defined, outlined (and communicated) processes, rather than a focus on “who” is doing them. In a many cases problems arise from flaws in the system rather than from the failure of a single individual who often doing their best to implement an unclear or inaccurate procedure or instruction for getting something done. They become a convenient target for blame without ever fixing the underlying problem, which allows the problem to recur. A focus on creating and maintaining effective office systems requires only a few key commitments.

* First, when problems arise look to the system for corrections. Are the steps clearly designed to accomplish the desired outcome? See where the system may have failed and correct that. Avoid blaming the individuals involved allowing everyone to learn something from the situation to fine-tune the system, do things differently next time and prevent a recurrence.
* Encourage individuals involved with a problem to take their solutions to the person who can do something about it. Similarly, be open to such proposed solutions when that person is you. Operations, and improvements to them, require course corrections15 – implemented without invalidating the people involved. Create an operational environment that does whatever it takes to support all team members and promote their best efforts.
* Focus on what works. Be positive. Ask “What’s needed here?” not “What’s wrong?;” “What can we do this differently?” rather than “Why isn’t this working?;” “How can we?” rather than “Why don’t you?” Attempt to consciously use language conducive to generating creative ideas, rather than reiterating what has not been effective or a emphasizing what went wrong. Law practice hones the art of uncovering potential problems. Effective office systems require a focus on the continual development of solutions. Focus on what outcome you want to create, rather than on the problems themselves.
* Finally, commit to optimize every event. Be effective and efficient. Work to add value and seek improvement in the way things are done whenever possible. Seek out and acknowledge the contributions from everyone involved in a particular operation. Each person involved has a certain level of expertise to contribute from his/her particular perspective. Developing those contributions can save time and expense, improve results, streamline operations and create a more enjoyable workplace.

A true team orientation and conscious focus on respect, honesty, sincere accountability, appreciation, and a willingness to look at the interrelated nature of people and activities in operating a law practice may be a fundamental shift in the way we currently view the workplace and our relationships within it. That shift does not require an advanced business degree, but rather a commitment to strengthening individual characters, which in combination produces extraordinary results. A desire to achieve such results requires moving away from the “conventional view of leadership [that] emphasizes positional power and conspicuous accomplishment [and instead] creating a domain in which we continually learn and become more capable of participating in our unfolding future . . .[setting] the stage on which predictable miracles, synchronistic in nature, can–and do–occur.”16

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