Many attorneys have a lone wolf strategy to their circumstances. Even after they lead a staff, they typically make choices with little to no enter from the staff. Senior attorneys sometimes view their position as defining and figuring out the case technique, leaving the remainder of the staff to implement their plan and concepts. They’re those defining a win and concocting the roadmap to attain it. The remainder of the staff takes that blueprint and constructs the case. This course of is the default of many hierarchical companies – senior companions create the plan, junior companions handle the plan, associates and paralegals implement the plan. It typically works, and the specified outcomes are typically achieved. I might counsel, nevertheless, that a greater strategy exists, which yields higher outcomes.
This top-to-bottom strategy, nearly a army perspective, the place generals determine on the struggle plans and foot troopers take the hill, has the potential for poor outcomes when these on the high create a flawed technique, ensuing within the execution of a flawed strategy that produces poor outcomes.
There may be worth in having your complete staff contribute enter, concepts, creativity, and creativeness to a plan earlier than finalizing and implementing it. This strikes me as a truism. But, why don’t extra attorneys take this strategy? The obstacles are myriad.
For these of us who invoice by the hour, some shoppers are hesitant to pay for brainstorming periods. You’ve been doing this for X years – why is collaboration wanted? Don’t you already know methods to deal with this case? Purchasers have traditionally seen staff periods as billing blackholes, fueling senior companions to create a plan themselves and have their groups implement it, with little to no enter from them. It appears cleaner and creates fewer line objects on the agency bill.
Some senior companions, as a consequence of custom, customs, or their egos, favor this top-down strategy. They will outline a case, set it in movement, and proceed to the next case. They are saying leap, and the troops ask how excessive. It’s onerous to vary how issues have all the time been finished.
Some junior companions and associates could also be hesitant to be seen as contrarian or argumentative, and subsequently really feel uncomfortable voicing their views and opinions, particularly in the event that they contradict the senior companion’s plan of assault. Higher to remain quiet and implement a flawed plan than danger a poor efficiency overview for being perceived as not getting together with others.
And collaboration must be intentional and well-directed. Skilled attorneys might not possess the mandatory ability set or emotional intelligence to encourage the staff to freely and brazenly take part and share their views and experiences.
All of those inhibit staff brainstorming periods. Intentionality is vital to overcoming these obstacles and breaking down these limitations to facilitate extra group discussions and considerate dialogue.
For group brainstorming to work, the agency should respect its significance and significance, and take steps to implement it firm-wide, together with addressing billing points with shoppers, creating secure areas the place the staff can communicate freely (as long as they accomplish that professionally and politely), and coaching everybody on methods to lead and take part in these periods. Merely encouraging your staff to assume collectively is inadequate. You have to empower them to take action and train them the mandatory expertise.
When a case first is available in and a staff is assembled to deal with it, an in-person or digital assembly must be held to set the stage for the case and focus on: (1) methods to outline a win; (2) methods to obtain that win; (3) a plan with motion steps to attain that win. Everybody must be inspired to take part, share their ideas, and focus on the topic. About as soon as a month (generally much less, generally extra, relying on the case’s complexity, exercise stage, and stakes concerned), the group ought to schedule one other assembly to debate the case’s standing and establish any vital changes or modifications to the plan to attain the specified outcomes. This ensures that the plan is modified as wanted and likewise serves as a check-in for everybody to report on their progress and any roadblocks or points they encounter.
In-house authorized departments are typically a lot better at this strategy than legislation companies (probably as a result of they don’t encounter billable hour points and look at their work as inherently extra collaborative). Taking their lead, making an attempt this strategy ought to yield more practical methods with higher outcomes.
Frank Ramos is a companion at Goldberg Segalla in Miami, the place he practices business litigation, merchandise, and catastrophic private damage. You’ll be able to comply with him on LinkedIn, the place he has about 80,000 followers.
