The President of the Law Council of Australia today published a column in the ALMJ along the lines of the title of this blog post – as a request was made for readers to complete an important survey, and given the importance of the subject-matter and the tight time-frame I have taken the liberty of repeating the column verbatim below. Links to the surveys have been provided. [See also the recent LLB post referencing Jordan Furlong’s article in the latest Edge International Communiqué on this subject]:

You can possibly help women lawyers in Australia by completing the surveys referenced in this post – please see the clickable links (Sean Larkan, Edge International)

“In my first column for the January edition of the Australasian Law Management Journal I referenced addressing the high attrition rates of women lawyers as a priority for my tenure as President.

Since this initial column, the Law Council has made significant progress in this regard. On May 6, the Law Council officially launched the National Attrition and Re-engagement Study (NARS). Research shows that there are significant gaps in diversity in more senior roles in the legal profession. Although women are graduating with law degrees and entering legal careers at higher rates than men, significantly fewer women continue into senior positions within the legal profession.

The Law Council of Australia has engaged Urbis to undertake a national research study to address diversity within the legal profession. Through this study, the Law Council is seeking to obtain quantitative data and confirm trends in progression of both male and female lawyers, and produce a report outlining practical measures which can be implemented to address the causes of high attrition rates among women lawyers, and re-engage women lawyers who have left the profession.
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Sometimes leaders  need to be tough on some of the little things. These can have significant ramifications which are not always immediately obvious. However, because the benefits are not obvious, or seem unimportant at the time, many leaders don’t address them, also possibly feeling that they don’t want to be ‘petty’.

However, as we saw in New York between 1993 and 2001 when Mayor Giuliani tackled the horrific serious crime rates in that metropolis – he surprised everyone when he focused first on petty crime. The result was that big crime was reduced by over 50% to the point where it became relatively safe for womenfolk to walk down the streets. The same can apply here.

Meetings are just one of the examples of where addressing a few little things can have a big impact elsewhere. Allowing partners to consistently be late for meetings, fiddle with mobile devices or take calls, even if done quietly, is tantamount to what is depicted here; chaos, rudeness and ultimately will cause a break-down of communication and respect. Leaders need to nip this in the bud and set the example in doing so as it can have all manner of (positive) impacts around a firm. (Sean Larkan, Edge International)

What are some little things which at first blush don’t seem to warrant making a fuss over? Let’s take meetings as an example – for instance, allowing:

  1. people to be consistently late for meetings;
  2. people to get away with simply not turning up and not notifying anyone in time or giving a reason;
  3. the checking of emails or searching the net on PDAs;
  4. people to keep their phones switched on, take calls or walk out to do so;
Just one example, but it is surprising how common this is in many firms.

What message are being sent by the transgressors?
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Many law firm partners want their firm to either be pre-eminent or to seek pre-eminence. Few realise that there is a serious price to pay.

Look at the vision statements of most firms and chances are you will find words like ‘successful’, ‘leading’, ‘premier’, ‘top’ or similar. Nothing at all wrong with that. But the key thing to realise is that to seek and achieve such lofty visions takes serious commitment, both at the top and throughout a partnership. Without that understanding and buy-in from all partners, leaders and managers in a firm, any visioning or strategy process will be flawed from the core and likely be doomed to failure.

‘Pre-eminence’ – ‘yeah, that sounds good, let’s go for it’ one will hear law firm partners say, but how many realise that there is a price to pay for such lofty visions? The reality is that most firms seek pre-eminence or some version of it. However, if they are truly serious about such a vision, they must realise it takes enthusiastic and consistent commitment and adherence by a majority of partners to a wide range of key things. The firms that manage to achieve this rise to the top and stay there while others muddle along.  (Sean Larkan, Edge International)

What then is this price to pay if you seek such status? In essence it goes to the heart and core of everything you do in the firm but here is a framework of some key things that I feel will be an essential part of any such quest:

  1. Leadership: strong, trusted leadership, not just at the top, but throughout the partners and managers, and a proper understanding of leadership and how it can be fostered and developed;
  2. Direction and Vision: clear direction from the key leaders and an agreed vision bought into and understood by all as to where they want the firm to go and what they want it to be. This takes a very clear understanding of ‘basics’ such as which practice areas, industry sector areas and geographic areas will be focused on and how the firm will differentiate itself through particular ways of delivering service;
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While ethics is – or should be – important in all businesses, it is especially relevant for businesses that are trust-based, such as legal practices. Cynthia Schoeman of Ethics Monitor joins us as a guest today to provide her expert views on this important subject.

Leadership commitment to ethics is a primary factor in establishing an ethical culture in a trust-based organisation like a law firm. Leader behaviours effectively demonstrate to employees, colleagues and clients what will or won’t be tolerated. (Sean Larkan 2012).

The services and advice offered by the legal profession require a high level of client trust both as regards expertise and integrity. This exceeds the level of trust required in many other businesses, for example, in the retail industry where a customer’s interaction may only entail a transactional purchase.

A high level of trust is very advantageous for the success of a legal practice. Among other benefits, it deepens and strengthens relationships and fosters client loyalty. Given this correlation (between trust and success) it should follow that building and maintaining trust is imperative.

There are many ways in which a practice can generate client trust. It builds trust when the practitioner assigned to the matter has the necessary knowledge and experience, and when he/she acts with integrity, in accordance with the law, and in the best interest of the client.
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As a law firm leader one of your best returns on investment can come from appointing the right support services manager. A good manager can easily make a partner-like contribution or more to a firm. They do need to be the right calibre, the right fit and possess good levels of emotional intelligence and initiative. They also need support from firm leadership – mentoring, an interest taken in them personally and professionally, responsibility, authority and accountability.

Most of us probably assume the managers we recruit are honest – however, a new report shows an alarmingly high percentage might embellish their attributes to get themselves recruited. The worry is, picking this, and will it stop there? (iPad graphic by Sharon Larkan 2012 ©)

One thing I always assumed was that people filling such roles would be honest, especially as they had often been through other law firms. I never doubted it. Maybe this view was a bit naive! The findings of a recent research report point to a startlingly high percentage of Australian managers who are apt to embellish their resumes and talk up past work experience.

SHL, a global talent assessment solutions consultancy, reported in a recent Australian Law Management Journal article, found that nearly 40% (24% in New Zealand) will lie on their resumes and are 3 times more likely to lie about their qualifications than other workers. The areas that are most often faked are work experience, referees, earnings and qualifications.  The key findings relevant to law firm leaders are:

  • 39 per cent of managers have lied on their resume
  • 18 per cent of managers made up or exaggerated their work experience
  • 13 per cent of managers changed information about how much they earned at their last job
  • 10 per cent of managers made up references
  • 18 per cent of managers lied about their age.

Obviously this is a wake-up call to everyone who employs senior managers. If they are prepared to be dishonest about something as obvious as their personal achievements and attributes, with a real risk this could be found out, what else are they going to fabricate during the course of their employment? Also, this is tricky from a practical perspective – how do you test for honesty?

What are some things we can do to protect ourselves?
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Despite the attractive laid-back hippy, flower power and surfing cultures which were around when I was young, our fairly conservative coastal-rural upbringing meant we thought more or less everything there was to learn would come through our parents. As one ‘matured’ one was tempted to think the youth of today had it easier and was not as committed or hard working as we were and so on. Then there was all the grumbling about ‘Gen X’, ‘Y’ and more recently, ‘Z’ and how each group supposedly expected different kinds of special treatment. Fortunately this talk seems to have died down.

Nearing the final day of a gruelling 1300km charity cycle ride for the two young men, James Larkan and Steve Richards – in two rides in two years they raised A$80 000 for Youth Focus, a charity dedicated to helping young people struggling with depression and potential suicide in Western Australia

I found this thinking changing for me as my own three children grew into young adulthood and as I took on managing partner roles in law firms and witnessed the talented, hard-working, articulate, confident young kids coming through our interview processes. More and more I found myself thinking the opposite was true – we had as much if not more to learn and admire from ‘them’ as they ever did from ‘us’. In fact, since then, I have never stopped learning from observing them.

30km headwinds on the penultimate day, after 7 days in the saddle, proved tough-going!

A recent example, very close to home, brought this firmly back to me. My son James, busy with final year university in Perth, West Australia and a full-day part-time job running a warehouse, joined his best mate Steve Richards in tackling a 1300 km cycle ride from Exmouth to Perth over 8 days to raise funds for the Youth Focus charity which counsels and support kids struggling with depression and potential suicide. This backed up on their 600km mountain bike ride along the famous Munda Biddi mountain bike trail the year before from the south western corner of West Australia to Perth, also over about 8 days. They raised $80000 doing these two rides. Tragically Steve lost his brother Mark to suicide 3 years ago and the rides were dedicated to Mark.  A nice touch was that James’ two sisters, Kerry and Jess, also quietly weighed in and supported the boys, organising a very successful raffle and contributing and arranging some fantastic prizes for it.

Steve’s Mum, Anne, former Australian squash representative, who with her amazing Mum, Pat, and partner Dave, remarkable people all, spent every minute of every day with the boys, said it best when the boys arrived in Perth:

I’m not going to say too much today, most of you have read the couple of updates I sent so I think you can visualise a little of the picture of this amazing journey. There have been so many stories within stories during this trip, just too many to talk about today and nearly all these stories are touching or emotional in some way.
The boys passed through some amazing countryside – the Pinnacles desert-scapes near Cervantes

It is a huge relief for me to have Steve and James here safely today!

I think I need to keep it simple. This all began because Mark died. He was living in incredible pain and took his own life, exactly three years ago today at about 7.30 tonight. It is a day to celebrate but to me, to Steve, our family and everyone who knew Mark it is terribly sad, we lost someone special.
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My wife and I bought a small farm three years ago. As the grazing was leased out to a beef farmer the quality of the boundary fencing was paramount. The lady we purchased from told me up-front (and has reminded me ever since!) – ‘now Sean, remember to walk your fence-lines‘.  She was essentially saying check them regularly for breaks, leaning or weak posts, or other issues, but also to see what was really going on around the farm – ‘you never know what you may pick up‘.

This advice reminded me of my days helping to run large law firms – I happened to enjoy walking around, at least weekly, talking to staff and partners in various sections of the firm – apart from being enjoyable, it was amazing how much one picked up and could convey in those informal interactions.

Remember to walk the fence-lines of your firm – talking to partners and staff – you will pick up on issues, identify achievements and be showing an interest in those who make the wheels go round (Sean Larkan image ©: Austral Eden region, NSW)

I did notice though as I got busy, or we had to deal with one or other crisis, this practice somehow seemed to slip into the background, priority-wise. Sometimes too, one may be tied up with a merger – ‘important stuff‘, and it always got priority. It always took time to get back to the walking around ritual, each time reminding myself – ‘can’t let that drift’.

I had this message brought home to me again last week when the editor from the publisher of my upcoming book on law firm branding arranged a new time-table for me. I had fallen behind my schedule – she said with my consent she would ‘walk my fence-line’ i.e. keep closer tabs on me. What a nice way to say ‘listen, I am keeping an eye on you – time to start delivering‘!

There are a number of benefits flowing from walking the fence-line:
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You can be the brightest spark in the office but if people can never get hold of you, or after they do you take ages to respond or are simply unreliable, no-one is ever sure you will do the job, professionally you are going to do yourself in.

Nothing beats being accessible, responsive and reliable. You can be the sharpest tool in the workshop, but if you can't be found, don't respond well when used or don't do the job you are called on to do, people will eventually tire of using you. The same applies to professionals. (Sean Larkan image - Old Dairy Gerringong - ©2012)
Nothing beats being accessible, responsive and reliable. You can be the sharpest tool in the shed, but if you can't be found, don't respond well when used or don't do the job you are called on to do, people will eventually tire of using you. The same applies to professionals. (Sean Larkan image – Old Dairy Gerringong – ©2012)

I know of one professional who is highly sought after due to his niche practice and ability. As a consequence he is very busy and time-poor. So busy in fact that he has an automated message responding to his emails, always, saying ‘sorry tied up doing x, y or z. Your enquiry is important, I will revert etc’ – unfortunately, you usually don’t get a response from him, not even later. You soon get the message, his work is more important than your enquiry or message. He has made himself inaccessible, is unresponsive and in your mind will probably not be reliable to deal with. In fact he also appears to be discourteous.

On the other hand we all know professionals who are busier than most, but who still manage to be remarkably accessible, courteous, responsive and reliable – some come to mind for me – Michael Katz, chairman of Edward Nathan Sonnenbergs, Rob Otty, Managing Director of Norton Rose RSA, Jordan Furlong my partner in Edge International, Giam Swiegers, National CEO of Deloitte, Australia, John Poulsen managing partner of Squire Sanders (formerly Minter Ellison, Perth), Roger Collins Chairman of Grant Thornton Australia and Derek Colenbrander CEO of CareFlight Australia.

One of the most enjoyable responsibilities I had as a former managing partner of large firms was to do a short introductory talk to new recently-joined lawyers. The discussion, which we tried to make interactive, commenced by asking what they felt they would need to do or be to succeed in a large firm environment. As one would expect coming from the brightest law school graduates, the responses were varied and fascinating. However, not many picked up on these seemingly obvious attributes: accessibility, responsiveness and reliability. It was possible to emphasise these, providing examples, without names, of lawyers who did not have the best university pass or who were not regarded as the best technical lawyers in their practice area, but who rose to greatness and built substantial practices, at least in part due to these characteristics. I also emphasised that a big part of their early success would depend on their courtesy to staff, mainly support staff.

Your personal brand:
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So far we have considered some 18 leadership lessons from Steve Jobs from Parts ONE, TWO and THREE of this series and how they may be relevant for legal leaders – all based on the Walter Isaacson article it the HBR. There are some things however I wouldn’t recommned for legal leaders.

He was feisty, scary, tough on people, very often unreasonable and downright rude – people at Apple didn't want to get in the lift with him! But he did have another side. . . . . ..

So what are the personal style and leadership characteristics of Jobs one would not recommend for legal leaders?

  1. being more about me than about you
  2. not caring about others’ feelings
  3. aggression and anger openly used in discussions with others
  4. out and out rejection of ideas – ‘that is crap
  5. strong language
  6. expecting/demanding the impossible
  7. being devious in demanding things from others
  8. being more selfish than selfless
  9. not taking a genuine interest in the personal and professional well-being of others
  10. simply expecting others to be able to handle his style and approach

and so on, you get the drift, but he, unlike most of us, could pull this off because of who he was and what he had achieved. He could afford to hire highly paid, highly capable, tough people who could handle it all and it worked, brilliantly. In my experience many senior leaders like managing partners don’t exhibit these tendencies, and I don’t think it would go down too well or be swallowed in a legal environment.However, pause and look around the office and there are usually some leaders who do – they need to be addressed on this as it can be a deadener to your employment brand if it is not.

And now, one last thing. . . . many of you will know Steve Jobs often ended off his renowned presentations – many of them quite long – with a pause, raised his finger, turned to the audience and said ‘ah, just one more thing . . . ‘ and then launched into discussion about a key development. This was the item that usually stuck in everyone’s mind.
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It does seem like we have been laying into angry or difficult partners lately – so much so, you (almost) gotta feel sorry for them! (not really, we all know how difficult they can really be and how much time and positive energy they eat up) –  3 recent posts attest to this:

  1. Difficult partners