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Making happiness count
Unhappy individuals within a firm can damage its prospects. Simon Tupman explains why and what can be done about it
'Money can't buy you happiness' said Spike Milligan, 'but it does bring you a more pleasant form of misery.'
Money is not in short supply in the legal profession, but paradoxically nor is misery. In an insightful interview I conducted in 2002 with Steve Keeva, author of 'Transforming Practices', he referred to the rising 'misery index' among lawyers. Keeva, a journalist with the American Bar Association, was one of the earlier authorities to alert us to the problems associated with unhappiness in the profession. In recent times, the subject of (un)happiness among lawyers has been taken increasingly seriously by bar associations, law societies and firms themselves as they come to understand the impact and cost of having unhappy lawyers in the fold, - to a firm and to the profession generally. Most agree that the impact and costs can be significant, reflected by underperformance, poor client relations, high staff turnover and an overall loss of talent.
Conversely this research would suggest that the impact of having happy lawyers is the opposite: high performance, excellent client relations, low staff turnover and a reduction in people leaving the profession. Indeed, there is plenty of evidence to suggest that happy staff means greater profits and performance. For example, David Maister's book 'Practice What You Preach' involved a study of 139 professional service firms. He concluded that there was unequivocal evidence that employee attitudes are correlated with, and drive, financial success, not the other way round.
In checking the assumption about levels of unhappiness among the legal profession, I recently ran an on-line poll drawing responses from 113 lawyers and law firm managers from around the globe, predominantly Australia (46%), UK (9.7%), New Zealand (9.7%) the USA (21.2%) Canada (6.2%) and others (7.1%). The results surprised me a little in that the overall majority of respondents (made up of men (45.1%) and women (54.9%) in a variety of positions including managing partners, partners, senior associates, practice managers and secretaries) stated they were either 'very happy' (31%) or 'content' (36%). Just 4.4% voted themselves as being 'very unhappy', 6.2% 'ready to move jobs', with a further 13.3% 'ready to change career altogether'.
Caution should be used when interpreting these general statistics: it may be that voters were all optimistic self starters! However, as an indicator, these results were better than anticipated. Nevertheless, a significant proportion of those who voted, (33%), did not consider themselves either happy or content! Worryingly, senior associates appeared to be the least happy category with 27% of them stating they were ready to change career!
So what can employers and employees do to increase levels of happiness in the legal profession and reap the consequent benefits?
First, we need to understand the causes of unhappiness. Keeva maintains its roots are institutional and lie in legal education itself. He maintains that law students are inculcated with virtues that can turn them into good lawyers but unhappy, pessimistic human beings right at the start of their careers.
"The legacy of such a system is clear today when lawyers complain about feeling cut off from others and from those parts of themselves that appear to be irrelevant in a profession that exalts above all else the twin 'virtues' of laser-like intelligence and winning - regardless of what they may mean on a human level."
Legal practice itself is another contributing factor. Many respondents in my poll were asked what they disliked most about their work. Their answers were predictable - long hours, high pressure, difficult clients, office politics, pressure to bill and poor leadership and management. As one respondent stated,
'(what I dislike most is) the intensity with which the other lawyers I work with approach their jobs, to the exclusion of 'real life' (i.e. taking time off when sick, meeting familial obligations etc)'.
Conversely, they were also asked what their firm might do to make it a happier place in which to work. Their answers revolved predominantly around the desire for autonomy, flexible hours, adequate salary arrangements, articulated common goals, better communication, guidance on career progression, staff social interaction and inclusion and feedback from management. As one respondent suggested,
''Incorporate support staff in the decision making process and standard setting of the firm. Encourage them to make suggestions and contribute ideas. In my observation, the exclusion of this group within the office results in antagonism between fee earners and support staff. Which in turn reduces the quality of work and lowers the overall enjoyment within the firm as staff no longer have pride in their work." Relatively few respondents wanted more money though there were some from the Spike Milligan school of thought!
While there is evidence that external factors such as law school and law practice add to the unhappiness equation, ultimately it is the role of every individual to adjust to their circumstances and be responsible for his or her own happiness. As psychiatrist Professor Raj Persaud, author of 'The Motivated Mind' has stated, 'happiness is elusive and personal'. Like many psychologists, he asserts that the world is made up of people who are internally orientated, (in other words they take responsibility for their lives and believe they are in control of their destiny) and those who are externally orientated, (in other words they believe that their life is controlled by external forces and that when bad things happen to them, they blame something or someone else). There is evidence that the general population has moved more in the direction of externality. In other words we are living in 'blame culture' whereby people do not wish to take responsibility for their own lives and hence the elusiveness of happiness for many people. Psychologist Dr Martin Seligman, another leading spokesman on happiness believes that depression and happiness are emotional states within people's control. In fact, he has proved that that depression and happiness can be quantifiably measured and improved.
At a practical level, firms can do much to address this issue. To begin with, law firm leaders would be well advised to run a staff attitude survey to test 'happiness and attitude' levels within their firms. A client of mine, a managing partner in a firm of 35 staff did this recently and found this process to be a great diagnostic tool that considerably helped his decision making.
Act now. Don't wait for the exit interviews. By then, the horse has bolted. An inexpensive way to run such surveys is to do them online. They are low cost and anonymous, thereby raising the probability of participants being candid. Leaders should closely analyse the results and act on them accordingly.
Additionally, law firm leaders can learn much from some of the best organizations in Australia. As Hewitt, the global HR outsourcing and consulting firm has concluded, the number one theme they all share that makes them great is leadership. In a recent leadership survey conducted by the Law Society in England and Wales, the number one attribute that distinguished a truly great leader was his/her ability to articulate a vision and direction for the firm. So, if you are a managing partner or CEO, make sure your firm has a strategic plan and that everyone in the firm knows what it is.
Think of your firm as a boat in an ocean race and you are the skipper. You need equipment that will stand rough seas; you need a destination and chart to plot your course; you need responsible and skilled crewmembers who know the destination, who keep an eye on the competition and who work for each other. As skipper, you have a role to play in keeping up morale. However, as in life, you can't force people to be happy. What you can do is to provide an environment conducive to high morale, motivation and ultimately success.
Consequently, look to support your team members wherever possible. Find out what they need or want that will enable them to do their job better. This may mean introducing more flexible work arrangements, personal coaching, on-going training, gym memberships - even a Blackberry if needs be! If you have a firm full of 'externals', then even these initiatives may not be sufficient.! Just accept that you can't please everyone.
Taking these steps may have considerable implications for how you do business; by not taking such steps, you may not have a business to contemplate.
One final thought...
It is not by accident that the happiest people are those who make a conscious effort to live useful lives. Their happiness, of course, is not a shallow exhilaration where life is one continuous intoxicating party. Rather, their happiness is a deep sense of inner peace that comes when they believe their lives have meaning and that they are making a difference for good in the world.
ERNEST FITZGERALD
Simon Tupman is an international author and speaker on issues affecting lawyers and law firms. He is the founder and director of Lawyers with a Life, www.lawyerswithalife.com. For more information on his happiness poll, contact him on 02 6680 9991.
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