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Feel the Fear and Just Do It!
In this article, Simon Tupman offers law firm managers some ideas on how to cope with lawyers' resistance to their initiatives
Readers who have ever owned a cat may recognise certain similarities between their pets and the partners they work with: while there are many breeds, they all have a mind of their own, they tend to be fickle, they love attention, they like it when it is lunchtime but may scratch you when they are feeling temperamental!
I don't have a cat but have worked with many partners, initially as a practising lawyer and latterly as a practice development specialist. I'm sure one thing we share is the frustration of getting partners to make decisions and to support us and to allow us to do our jobs. After all, isn't that why we were hired?
Time and again I meet law firm managers, especially marketing managers, who are driven to tears because of the situation in which they find themselves. They experience low self-esteem, diminishing self-confidence, stress, and poor health as a result. However, I don't believe it has to be this way. So here is an approach which may help you if you are experiencing difficulties in getting your lawyers to play ball with you.
1. Stand up for yourself
Many in-house law firm managers are made to feel like second rate citizens. As they are not partners, or shareholders in the practice, they are not always encouraged to voice their opinions. Even when they do it is often less confronting and therefore easier to say nice things rather than the truth which often hurts. I recall when I once served as a marketing manager, I was not included in the firm's management committee. I was once asked to give a pep talk to the partners at one of their meetings. However I had difficulty agreeing to this. My conscience would not allow me to say one thing when in fact I felt another. I did attend the meeting but spoke my mind in what I hoped was a constructive manner. I was critical of some of the partners about their lack of co-operation and their complacency. I knew I risked the possibility of rubbing a few people up the wrong way. I even risked my job. However, within a couple of days of my talk, several partners approached me privately to say 'it's about time someone said that around here'!
To stand up and criticise those who pay your salary can be a daunting experience. However I believe this is precisely what you are there to do and must do even if it might lead to confrontation. At least your integrity remains intact.
2. Do your job
You have been hired because of your background, skill, personality and expertise. Only concern yourself with those who are open to your ideas and let you do the job you were hired for: 80% of resistance to your work will come from 20% of the people you work with. Don't waste energy on these people.
Whenever you do met resistance from the sceptics, remind them of the story of the Wright brothers who always believed their plane would fly. They invited the whole town of Kitty Hawk to watch the occasion. Instead people signed a petition to have them incarcerated in a lunatic asylum. Only five people witnessed one of the most important events of the 20th century.
3. Continuously sell yourself
Your firm is your client. Whenever you can, treat partners just as you expect them to treat their best clients. Understand what motivates partners. If increased profit is high on their list, demonstrate how your actions and ideas will contribute to the bottom line. Don't try to sell ideas and concepts they don't understand until they do understand them. Encourage them to buy into your ideas through education, consultation and dialogue. Sell the benefits of your work to them. They need to know what's in it for them. The best way to get what you want is to help them get what they want.
4. Be intolerant of excuses but sensitive to fears
Someone once said that excuses are like armpits: everyone has a couple up their sleeve and they usually stink! Excuses are heard all the time: "It'll never work..we tried it before..it will cost too much." They are often a front to cover up one of the main reasons for resistance to change : fear.
During one of my workshops on delegation for a small law firm, the senior partner called proceeding to a halt so that he could speak with me privately. This partner was recognised by clients and colleagues to be a poor delegator and had trouble retaining good staff. Indeed he knew it himself. He confessed to me that he had heard my message loud and clear and that, in principle, he agreed with it. The problem, he added, was that he was frightened that if he took the course of action I suggested, he would become redundant and his partners would reject him because his billings might suffer as a result. Great sensitivity was required here so I reminded him of a quote from David McNally's excellent book, Even Eagles Need a Push: 'The thrill of soaring has to begin with the fear of falling." I believe he has since overcome his fear.
5. Keep your sanity
Life in a law partnership can be very lonely at times. So it is important to surround yourself with people with whom you can share your frustrations and successes and who will ensure you keep matters in perspective. Ask for help when you need it and allow people to help you. Join organisations and networks comprising people in similar positions. Book time out in your diary to look after your most important client &endash;You! Why not book yourself in occasionally for a visit to the local heath club. Not only will this make you feel good but it may also help you to perform better.
6. Dare mighty things
It takes a lot of courage to introduce change to organisations. Take heart from the words of former US President Teddy Roosevelt: 'Far better to dare mighty things, to win glorious triumphs even though chequered by failure than to take rank with those poor spirits who neither enjoy much nor suffer much. Because they live in the grey twilight that knows neither victory nor defeat."
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