Category: Personal Thoughts

The death of a satirist – and more

Bill Strauss, the creator of Capitol Steps died at the young age of 60 years. Not only was he and his troop fabulous satirists, Bill was also an author who focused on generational differences.  I first was introduced to the Capitol Steps at an ABA gathering in Washington, D.C. I couldn’t remember when I had laughed so hard.

Without knowing his connection to the Capitol Steps, I invited him to be a keynote speaker at my Managing Partners Roundtable’s Diversity Conference in 2006. During his presentation, he talked about his theory of “5 generations.” Paraphrasing him, he said that every 4 (5?) generations repeats itself. The first generation creates a new world, the 2nd generation sustains this new world, the 3rd generation enhances or expands or grows the world, the 4th generation destroys the world and the 5th generation starts with a new world again.  While my paraphrase clearly does not do Bill Strauss’ comments justice, the concept of “history repeating itself” is important. Bill said that one can trace and support this theory merely by looking at the history of the world.

With his theory, he drew certain conclusions about the differences among today’s generations, what we call the generation gap. His comments resonated well with the managing partners, the partners and the younger associates in our audience of more than 200 lawyers.

With increasing longevity, and therefore more generations co-existing than ever before, it’s essential that we understand these issues if we’re to cooperate and continue to grow as a society. With his death, we have lost an important contributor to this conversation.


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Does disclosure affect strategy or competence?

Did you see the Tuesday edition of Wall Street Journal, Health section? David Armstrong discusses  the business interests of doctors — and their ethical responsibility to disclose their personal financial interests in any business that benefits from their prescribed medical treatment, whether that treatment be medicine, equipment or otherwise.

The bottom line is that it is the patient’s responsibility to ask the doctor if he/she has any financial connection to the recommended treatment. The suggestion is that if the answer is "yes," the patient should get a second opinion. Not bad advice, but still a matter of personal trust and interaction between the doctor and the patient.

If the doctor has a financial interest in a treatment modality, this may influence the doctor’s prescribed treatment. Note that there is no movement here to demand that doctors disclose whether they have malpractice insurance. Perhaps because the existence of insurance is not likely to influence the treatment modality to be prescribed.

Why is it that some lawyers misguidedly believe it is important for lawyers? It’s existence or absence does not affect the legal strategy advised or vigor or competence of legal representation. As a side note, however, it is interesting to note that most of the lawyers advocating that other lawyers make disclosure DO have a personal financial stake in the outcome of this discussion. Most represent insurance carriers who whose premium income might increase. Yet, there is no disclosure required by them in their discussions of this topic. Interesting, eh?


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Is pessimism prudence?

My wife would probably agree and say "yes." I have always said that she would have made a great law school professor because she can see every negative possibility, some I couldn’t even imagine, in every situation! The  "parade of horribles," as it was called in law school.

Her response is that by envisioning what could go wrong, she can prepare for it happening and be ready to overcome it if it does happen. Perhaps her attitude is where i got the title for my book Disaster Preparedness & Recovery Planning for Law Firms.

In today’s ABA email, there seems to be some vindication for her approach. An article by Debra Cassens Weiss said: 

"… Martin Seligman of the University of Pennsylvania, who studies positive psychology, says most optimists do better in life than merited by their talents alone.

But with lawyers, the opposite is true.

Seligman’s survey of law students at the University of Virginia found that pessimists got better grades, were more likely to make law review and got better job offers.

"In law," he told the newspaper, ‘pessimism is considered prudence.’ "


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Lawyer Benchmarks Taught by Airstream

There are benchmarks in life … and in our law practices. Benchmarks might be as significant as a marriage, a birth or a death. In law, it might be graduating from law school, opening one’s own practice, winning a significant case, or in today’s world of Baby Boomers, moving into our "second season."

The Airstream trailer (see my earlier posts on this subject) has taught me and confirmed many lessons I’ve learned over the years. Here are just a few that our current trip has triggered:

Change is part of life, and we must learn how to manage change to be successful

Change requires that we be flexible

Life involves continuous improvement

Luck is the intersection of preparation and opportunity

(more…)


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Thinking beyond the norm

Sometimes, in today’s very competitive legal environment, lawyers and law firms must think "outside of the box," beyond the norm. Creating a strategy for your future is mandatory for success, for knowing whether you’ve arrived at "success." Obviously, that is not a "given," not automatic. We must first create, then implement, to be successful.

Other fields of endeavor often provide us with examples of this type of thinking. See below for one example in the art world. I’ve seen this type of approach only twice in my life, once by Salvador Dali in possibly my favorite works of art of all time and once by my sister (also an artist).

See the Cochrane Mural

For those people that live in another part of the world, Cochrane is a community just west of Calgary, Alberta . (Not the one in Northern Ontario.)

This mural was unveiled at the Cochrane Ranche House July 1, 2007. Each tile is 1 foot square, is it’s own individual picture, and each is by a different artist.  All of them together form this huge mural.   You can click on each of the tiles to see them in detail.  Check out the horse’s eye and nostril and anywhere else on the mural. Also the two below it.

 


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My new favorite saying

Anita Koddick of The Association of Legal Administrators, San Diego Chapter, said:   "If you think you’re too small to have an impact, try going to bed with a mosquito in the room."


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Save money by knowing the earth is flat!

With tomorrow being October 8th and Columbus Day, it is time to recall the great traveler who taught is that the world is, in fact, round! He went from the East to the West.

It took Thomas Friedman to teach us that “the world is flat” by going from the West to the East!

Friedman teaches, among other things, about “outsourcing.” Many lawyers are using this principle (sometimes also called “delegation”) to lower their cost of operation and thus increase their profit. Even sole practitioners and small firm lawyers can effectively use this principle.

I encourage you to read Friedman’s book.


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