Law Firm Coach Blog

There has emerged in recent years an exciting new paradigm known as high performance work systems that is changing the way we think about people and how work is organized. About seven years ago Catalyst began to preach this philosophy to law firm clients with little success. It was not until we translated down into a business principle delivering a better net profit with more stability did lawyers start to set up and listen. Law firms are playing catch up when it comes to high performance training.

A high performance organization could be defined as an organization in which each person is a contributing partner to the business. High performance work environments require a deep respect and trust in people. People are not viewed as extensions of machines, objects to be manipulated nor costs to be controlled but rather as thinking and feeling human beings who bring enormous energy, creativity and talent to their work. Most people want jobs that are meaningful and allow them autonomy to make decisions and contribute to the company in significant ways. Effective organizations are those moving beyond attempting to control people to trusting and empowering them with the resources, information, tools, skills and support to manage their work processes and create products and services of unprecedented quality.

Of course, lots of companies espouse a philosophy that values people and yet are not experiencing the kinds of performance they expect. That is because they are not designed to do so. Only a holistic and systemic view of the organization in which all aspects of the organization are aligned behind that philosophy will realize the true value of their people.

In high performance organizations people understand the business, are committed to getting results and are organized into self-contained, multi-functional and client-focused business units or teams that take full responsibility for making decisions, solving problems and continuously improving the quality of their work.

Everyone involved with a particular core process are members of the same team and are empowered with full authority for the success of a whole product, service or major segment of work. Roles and responsibilities are much broader and more meaningful in scope than in a traditional organization. The team is responsible for setting goals, coordinating and scheduling their work, interfacing with the customer, training, making decisions and problem solving, monitoring quality, and even measuring performance and making hiring and selection decisions.

The role of management changes from that of controlling workers and solving day-to-day problems to being facilitators and coaches. They define outcomes, manage boundaries, interface with other departments and, in general, insure that the team has the resources, training, information and support they need to carry out the job.

Law firms are an ideal setting for high performance work cultures. It is a matter of deciding where best to spend your money that will deliver high performance training at an efficient and profitable bottom line.

Without a doubt, the single biggest complaint we get from lawyers is when they feel held hostage by employees who demand raises. The fear of losing a valuable employee cause the lawyer to give the raise. This is not the solution!

Unhappy employees who demand a raise are looking for positive affirmation they are doing a good job. Unhappy employees are unproductive employees. Unproductive employees affect the profit of the firm.

Negativity in a work place will stop a firm from growing. It causes stress on both the employer and the employee. When Catalyst comes into a firm to address working relationship issues, we have found common similarities between firms:

• Work is seldom praised or recognized
• Job security is lacking
• Conflicts exist between individuals
• There is poor supervision
• There is no opportunity for growth or advancement
• There is no trust between the lawyer and the employee
• Fear of change is high
• There is a me versus us atmosphere
• Ample resources are lacking
• Working conditions are poor

Negativity in a firm has serious consequences. It results in decreased work production, high employee turnover, loss of loyalty, and loss of creativity from the people on the front line. It also causes client complaints. It makes for an unhappy work environment.

Employees are looking to you to give them leadership. Leadership is not telling people what to do. Leadership is providing the right atmosphere that allows employees to grow and prosper within a firm so that the firm as a whole is better. Managing employees in a positive work culture boils down to four key elements: Expectations - Tools - Feedback - Accountability. These four key elements in employee management are the basis for a good firm manual and a firm without an employee manual is doomed to fail internally whether you have one employee or one hundred employees.

Expectations written down make employees effective and productive. Unless you are up front with your expectations, no employee can be a success for your firm. Every employee has the right to know three things:

• What is the work culture within your practice
• What is the job that is expected to be done
• What are the core values of the firm

Work Culture is the conditions under which you will expect your employees to conduct themselves. If you expect employees to treat each other respectfully, be client friendly, deliver error free work, be on time, etc. you must spell it out. Do not assume employees think as you do.

Job descriptions are critical to employees. There is no gray area when it comes to what you want them to do and what the position offers. A good job description will give the person a title and their authority level and who their supervisor will be. It will show the qualifications required to hold the position. The description will set out specifically what the job entails. It shows the bottom line or accountability factor for the job.

The values by which the firm conducts its business is the third part of expectations. Lawyers seldom take time to think about what their own personal value system. If a lawyer believes total honesty is a value in the firm then you would never have an employee tell a client you are not in the office when you are. Be up front about your bottom line value system and then put it in writing and require every employee to follow same. If you do hire someone who is in conflict with your values they will never last and they will destroy your firm. Simply put: you practice what you preach and make others do the same.

Tools are the means for an employee to accomplish his or her job. You cannot ask someone to do something and then not give them what they need to handle the job. We are both amazed and amused when we go into a law firm, see the lawyer with the fastest computer in the office, and the staff working on the slowest machines. Since they have to get the work done, give them the fastest machine.

Tools are more than just good equipment and work space. Tools also include the procedures and processes necessary to handle a case, training and education of your staff, adequate supplies, and resources to accomplish the task. When staff sees you provide the tools they need the more respect they have for you as a leader. You are trying to make them the best of the best and that is just as important to them as raise.

Feedback is a two way street. You must provide feedback (both positive and negative) so your staff can see whether or not they are meeting your expectations. You cannot complain about an employee's performance unless you have told them what is wrong. You cannot expect an employee to be a high producer for you if you do not tell them they are doing a good job.

Employees want to know when they are not meeting your expectations. When we come into a firm we talk to employees in confidence. Repeatedly employees tell us they have no idea what is expected of them. They try to figure it out based upon your reaction on any given day.

Employees know when praise is sincere. Unfortunately, when you are busy it is hard to remember to give someone a pat on the back. Some people just are not good at it. One lawyer we worked with simply could not verbally acknowledge his employees even though he wanted to. We bought him four stamps with positive remarks on them and he would stamp them on their work product. His staff cherished the stamped remarks because he gave them only when well deserved.

Written evaluations are one of the smartest forms of feedback anyone can provide an employee. Catalyst believes annual evaluations should never be tied to a raise. Give raises based on merit and performance when deserved and NEVER to satisfy an unhappy or unproductive employee.

Evaluations should have a rating system. There are many good evaluation forms available. Evaluations should explain where improvement is needed and why. They should also contain high praise where deserved. It should set out goals for the employee to meet over a period that allows them to grow and advance within the firm. Ask employees for input on how to make the firm better. Give them ownership in the work culture. Feedback is a two way street. Maintain a free and open atmosphere for discussion. Changes will occur when the employee feels their ideas have value. Be prepared to act upon good ideas.

If there is a serious situation where a problem is affecting the employee's performance act immediately. Do not allow a situation to deteriorate. When you ignore a problem, it gets worse. The employee would rather resolve the issue and you need to do it for your own piece of mind.

Never confront an employee when angry. If something has occurred or something needs changing simply step back and write it down on a piece of paper. Write down your solution. Set aside a good time for the employee to meet with you. Do not blindside them. Tell the employee what you see as the problem and ask them for a solution. Create an open atmosphere where you listen and they get to be involved. When done and the two of you have arrived at an agreed solution, again write it down. Make it clear what will occur if the problem is not resolved. Most importantly, do follow up and be prepared to take action.

Accountability is a lawyer's stock in trade. After all, isn't that what lawyers do - hold others accountable for their actions. Yet, when it comes to employees they do not want to do what they do best. Without accountability, there is no truly successful employee management. If there is any truth in anything we have learned, it is that employees will know if you will follow through with all of the above or you do not. We have yet to go into one law firm that employees have not told us they want boundaries, rules and want to know the consequences. This is because to live in a state of fear of not knowing is worse than knowing.

If employees know the boundaries, the rules and the consequences positive things occur. The employee no longer lives in fear of being wrong. They quit worrying about displeasing someone. It promotes fairness because everyone follows the rule and everyone is held accountable. There is no favoritism in a positive work culture.

We will tell you that accountability is tricky. Don't set a bottom line rule you can't follow. Pick and choose your battles wisely remembering it is possible to win the battle and lose the war.

Don't under estimate your employees. They know what works. Once you implement these four simple rules, the employees will implement their own in order to fall within these four rules. Insist any supervisor (lawyer or management) hold the line.

Lawyers, as a rule, want happy employees; however, they have failed to realize that their job is not to make people happy but rather to create and foster an environment that allows the firm to be successful and when the firm is successful, the employees are successful. Consistency coupled with fairness wins every time.

Most lawyers, in general, enjoy close relationships with their staff and it is hard to separate the boundary line between being personally close to an employee and being able to hold them at arms- length in order to achieve good employee production. Believe this - employees would rather have your respect than your friendship. The ability to do this translates into a good practice that is profitable and generates money for you. Good employees create other good employees. Get rid of the bad apple no matter how valuable you think they are. One bad apple will spoil the batch.

Non-lawyers today are among the best and the brightest we have seen in our many years of management. They work hard to get ahead and they have an unswerving loyalty to good employers. They will never leave you over money but they will leave you over unacceptable working conditions. They are balancing career with quality of life and those that have a passion for what they do never see their job as work. Egos have no place in a positive work culture and if it occurs in your firm from the lawyer supervisor to the non-lawyer professional get rid of it. Team play is the name of the game in today's law firm.

Lawyers must understand that good employee management is the key to a profitable law practice. By starting today with an employee makeover you will find your employees will respond in kind. You will discover you have bright and loyal employees who are willing to give you 110%, who will be the cornerstone of your practice, and create a firm that makes you can take pride in and one who allows you to be the lawyer that you have always wanted to be.

05/28/04

Catalyst is a managing, mentoring and marketing company for law firms. The principles of Catalyst have over 100 years experience in the law firm field. Cheryl J. Leone is the CEO of Catalyst and handles the management division of Catalyst. For further information on Catalyst go to www.catalystgroupinc.com or contact Ms. Leone at 1-800-892-0283

Original Presentation: NCBA 02/28/05 (copyright retained by Catalyst Group, Inc)


Having learned one thing during my 42 years of law office management simply is this:

LAWYERS AND PARALEGALS DON'T TALK THE SAME LANGUAGE
AND THEY DON'T THINK THE SAME WAY.

They live on different planets, breath different air, and they even have different customs. Yet, if there is ever a time and a place and a need for both people to be on the same page, it is with the relationship and communication skills that exist between lawyers and paralegals.

Relationship skills and communication skills are not something you are taught unfortunately to the degree it is needed for a good working relationship between two highly skilled professionals. Until such time as both sides step back and learn the art of business relationships, effective communication, and good feedback skills, the working relationship will suffer and both sides will have great stress.

Lawyers tend to under-estimate the project, tend to assume that the paralegal understands what needs to be done, doesn't allow time for questions, doesn't give information, and then when the project is not delivered as the lawyer thought tends to judge the paralegal on lack of performance.

On the other hand, the paralegal, driven by a desire to work at a high level and assume responsibility, takes the information and tries to fill in the blanks, seeing the lack of understanding or communication as a distraction to performance and tends to believe that lawyers do not accept responsibility for their roles.

IT ALL STARTS WITH THE MESSAGE

Part of what I do is to resolve conflict within a workplace and attempt to establish a positive work culture and establish relationships that allow everyone to work effectively in an open and honest atmosphere. The majority of the time it is successful when both sides are willing to see the other's point of view.

I can get a call and before I walk in the firm I can tell you what the core problem will be. The first simply is communication and the second is giving and receiving effective feedback. It is a two way street between a lawyer and a paralegal.

It is important to understand some history in the legal field before you can began to understand why no one is talking the same language. Lawyers first and foremost are analytical thinkers. This is what makes them good lawyers. They tend to process things one at a time at a very high level with a clear objective in mind. Unless they are unusual, they have not been taught business principles, the core of which is good management of personnel and resources. They are given a problem (legal issue) and they must analyze the problem and divide it into key components and then figure out how to resolve the problem. In some respects they now see their job as done.

Paralegals are highly skilled individuals who depend upon process to deliver the product. Through training, education and experience they have the skills to accomplish the task at hand. They want as much information as they can get. They take this information and figure out what needs to be done but rely on systems to accomplish the work. They think through the project at hand, think what process is needed to accomplish the project, organize it and proceed. The lawyer doesn't care about the process and thus does not understand how to translate the analysis of the problem and the required needs in a way the paralegal can assume control.

The use of non-lawyer professionally skilled paralegals is still in its infancy. Lawyers still do not know how to use paralegals and some still are threatened by the thought that a non-lawyer can be used at such a high level. They want a worker bee when in fact they have a thinking bee. To accept less than a "thinking bee" is simply not good business.

Lawyers have to be trained, educated and impressed with the quality of skills that good paralegals possess and get them to be trained to utilize those skills on a higher level. I have always said sometimes you have to hit the lawyer on the head with a baseball bat., which by the way I do very effectively. But in fairness to the lawyers I have worked with once you get their attention they are willing to do what it takes to make it work because in the long run it benefits them and it certainly benefits the client.

Having said that. the paralegal must understand how the lawyer thinks and find a way to get the information needed in such a way that the work can be done. There is more than one way to skin a cat - and you can make the change in your working relationship with each other if you want to. Paralegals must understand that lawyers by tradition want to transfer responsibility but have a great fear that the transfer of responsibility negates their role in the process. I always tell lawyers that they are solely responsible for the approval of work product but they do not have to do the work product. Big difference! Lawyers tend to have CAGED EAGLES working for them when what they need our SOARING EAGLES! And the lawyers are the ones providing the cage. It is a matter of re-education on all parts.

Let's talk more about lawyer thinking. An example may well be a client who has a complex legal problem. The lawyer is thinking about the law, how it applies, the key elements necessary to resolve the legal problem, the pros and cons of which way the law should be applied, the relief the lawyer wishes to see the client obtain, and what forum is best served. The lawyer makes the decision to take the case and proceed with a lawsuit knowing the relief sought will be available in front of a jury box. The years of training and education have paid off. There is a calculated plan in place. The lawyer now transfers the work to the paralegal. The paralegal has to take this, usually without enough information, and get it down the road.

TRUTH: Lawyers hate nuts and bolts work!

A good paralegal will try to get as much information as possible so he or she understands the situation. The paralegal has a great deal of knowledge to bring to the table, is usually champing at the bit to join in the planning and assume responsibility. Like the lawyer, the paralegal is going to be analytical to the extent to analyze what needs to be done, what are the key components, and what is the timelines. The paralegal begins processing and is immediately thinking of collecting the information and evidence, drafting complaints, discovery, motions, scheduling depositions, mediations, and preparing for trial. A good paralegal wants to deliver the best work product and participate in the process. More importantly the paralegal wants to be a part of the plan.

TRUTH: Paralegals take pride in nuts and bolts work!

Understanding key thinking strategies on both parts allows you know how to know how to get the planets aligned with each other so that the best of the best comes out in all situations.

BUSINESS RELATIONSHIPS

The basis of a stress free environment is to have a good business working relationship between the lawyer and the paralegal. What makes that relationship work has many elements, all of which if handled properly, will make a winning team rather than a team at war.

A warning sign in management is when a lawyer and a paralegal have such a close personal friendship that the business relationship is secondary.

RESPECT IS NOT A RIGHT - IT IS SOMETHING THAT IS EARNED!

Respect from each other is earned when you deliver professional work coupled with professional delivery. This does not mean you can not be friendly and interested in each other's personal lives but not to the extent that one takes responsibility for the other outside the office. Such a relationship is wrong and interferes with perception of you as a professional by each other and others.

Simply put - LEAVE PERSONAL MATTERS AT HOME. When each asks the other "how are you" they should be talking about a friendly general greeting. Neither should be hearing blow by blow descriptions of a night out on the town, how the marriage is going, or what is happening in great deal.

When I delve into working relationships between lawyers and paralegals I hear two main themes:

Lawyers: I feel personally responsible for my paralegal's life and I have enough problems of my own.

Paralegals: He (or she) can't go to the bathroom without me. Why can't my lawyer take care of his (or her) own problems.

THIS IS DESPITE THE FACT THAT BOTH CONTINUE TO TALK AND LISTEN AND CREATE THE ATMOSPHERE THAT GENERATES THESE STATEMENTS.

So where is the distinction? Each will provide support for the other in a moment of true crisis - not day to day crisis that come from an inability to handle his or her own personal life. To do less is not acceptable. No one is responsible for your own personal happiness or paid to listen to your personal problems.

I have found out two things when I see this personal relationship transcending the business relationship. The first is that lawyers are not thought of in high esteem within an office when they utilize non-lawyers for personal griping about their lives and others. There is no respect for the lawyer and little loyalty. Secondly, paralegals who have close personal relationships with their lawyers and are entwined in each other's lives rarely rise to the top with promotions, raises or bonuses. Sooner or later one resents the other.

If you cannot walk in the door, turn your computer on, and see the job at hand as one of professional pride for delivery of work you are wrong. If you come in the door, immediately seeking each other out as to the latest disaster or latest gossip or you demand to know what happened in his or her life from the night before you are dead wrong. You are not a professional.

So what is the balance? It is a matter of deciding what you are trying to gain. If you want professional respect you act professionally. If you feel that is now your role you need to change it and perhaps read some books on relationships and what an "enabler" is. Understanding the roles makes a better relationship.

And let me warn you - you can be overly professional as well. The easiest way to explain this is that I want to be respected for my work, my education, my training and my ability and in return it doesn't bother me one bit to get a cup of coffee for my lawyer. And frankly I have had many lawyers bring me a cup of coffee.


COMMUNICATION

All of us love to talk so therefore we think we are communicating. Talking is easy. Communicating is difficult. Most of us take for granted our ability to communicate. But if you are going to be a professional you have to learn to be an effective communicator with above average skills.

Communication is a complex process, and it is a challenge to put our internal perceptions, feelings, motives, etc. into meanings and words. We tend to misunderstand messages from others because we interpret them through our own attitudes, feelings, motives and experiences.

Good lawyer communicators make great paralegals!
Great paralegals are leaders!
Lawyers need leaders on their team!

According to research psychologists, the average one year old child has a three-word vocabulary. By 15 months children can speak 19 words. At two years of age most youngsters possess a working knowledge of 272 words. By age six the average child can communicate with 2562 words. The average adult speaks at the rate of 125 to 200 words per minute and up to 18000 words per day. This does not mean the messages you are receiving have been clearly relayed just that is what we are attempting to convey in even one given day. What do you think your chances are of absorbing these many words and getting the correct message?

Why is it so important in the law firm and how can it help you to learn to communicate effectively? Because it relieves stress and gets the job done faster and more efficiently!

First of all you now have joint comprehension. This is necessary because you must get the message across to someone else so that he or she understands your position. Good communication prompts someone to act in a way that meets an objection. Once each receives the message he or she is motivated to behave in a certain way.

THOUGHT: How many times do we misinterpret simple messages because of our own perception of the sender's meaning or intent? A message sent is only as good as the receiver's perception of it.

Coming from the stone age myself when we used to use typewriters, we did not have the magic word "e-mail". Thus, all communication was delivered face-to-face. We could watch the person's face, look at their body language, and we would tell how the message was being delivered. Now we get a beep and up pops a message that usually is the start of disintegration of relationships.

I have had this happen to me so many times I have lost count. Lawyer is at desk trying to get organized and sends quick email i.e. "Where is the Smith interrogatories, they are due today." I immediately think (1) I am good at what I do, they are on his desk, and I knew they were due - does he think I am an idiot?

Here is a nutshell of communication:

• In communication the first thing you need is a sender. The sender is the person initiating the communication by writing the memo, placing the phone call, giving the speech or sending the e-mail.

• Then there is the statement, which is the message that the sender is trying to get across

• The statement goes through the form of communication for that situation; i.e. letter, e-mail, face-to-face.

• The communication process then has a recipient, the person that the sender's statement is aimed toward.

• Most of the time the sender anticipates a response from the recipient so that is the last component in the process.

Sounds simple! Not so. Simply put there is always resistance or obstacles that are going to complicate things. Presuming that this is true, these are distinct possibilities:

• Even though the sender appears to be in control of the communication, this person is not immune to resistance. If you are the sender you must consider your own viewpoints or biases and the climate in which you are drafting your message.

• There can be resistance in the statement, specifically in the form of complicated or unsuitable ideas and words that can muddle the mean. Thus the statement must be clear to avoid misunderstand.

• The form of the communication is important. You have to select from written, oral, visual, etc. Are you going to deliver the message in person or through a written document?

• The recipient also has a set of viewpoints or biases and may be completely different from the sender. You have to ask how they will accept the information.

• Do they need to receive the statement in a certain form so that it is conveyed right?

• And last, you will face resistance in the recipient's response. Once they respond to your statement, you must determine if they understood the statement. This is probably the most important part. If you don't verify right away that they correctly grasped your message, your communication is a lost cause. If the recipient responds rudely or doesn't respond at all, this additional resistance must be dealt with me immediately.

Now, let's translate that into the working relationship between a lawyer and a paralegal. If the paralegal understands the lawyer, his viewpoints, his work style, and how he likes to get the work to you then you start understanding the communication style better. As a sender, the lawyer has an obligation to be clear in what is needed or wanted. However the delivery is all in how you perceive the message:

We would all like to have the communication be "nice" or "warm and fuzzy" but it isn't going to happen. The lawyer is used to delivering clear messages and usually short and to the point. The paralegal's job as the recipient is to figure out that is the style. Just remember the lawyer is from Mars and probably doesn't have the same level of oxygen going to the brain ...thus the paralegal should make allowances. By the same token the lawyer needs to remember the paralegal is from Venus and they probably have a higher level of adrenaline in their systems.


The second part of accepting communication is not to put any preconceived ideas of underlying messages. If the message is "I need this done today" - that is what it means. It doesn't mean it is a demand but rather a delivery of a statement. The lawyer should not have to worry about hurting anyone's feelings. By the same token the lawyer probably doesn't know what all is going on with the paralegal. The paralegal's job is to take the message and turn it around into an information seeking situation. The paralegal should also have the absolute right to say that is the 15th thing you need done to day and we need to prioritize as I can't get them all done. What do you want done first? Neither should ever feel they are incompetent but rather they are trying to solve delivery of work product.

I tend to look for ways to drop the stress level when lawyers and paralegals try to communicate. I very much encourage face-to-face meetings at least twice a day where both can look at each other, deliver oral messages to each other, and seek out more information. This gives both of you a chance to watch body language and get clarification of additional information needed.

I also strongly urge both parties to quit presuming you know what the other person is thinking. Don't take your attitude and make it someone else's attitudes. And this is easy - if you think someone is mad simply walk in an office, state you would like a scheduled time to discuss some matters, and then hit the issue head on.

And let me give you a big hint! If you are addressing communication problems don't ever make it adversarial. You simply use words like "When you (describe what is happening, I feel (how it makes you feel)". You might be very surprised to find out the other person simply did not know how it makes you feel.

Second big hint! I am constantly told "you can't change someone." The heck you can't. Even working relationships that are not working have one benefit if you correct it, the work gets done better and people are less stressed. Thus you can change and you can change people if there is a reward! But it takes planning how to best approach the situation.

Here is what I tell lawyers - give your paralegal a break. You probably have an intensely loyal, smart as the whip individual, who is looking for the ability to join forces with you and wants to be treated as a part of a team. You want to get the best out of someone so you treat them as the best. You assume they are a contributing part of your work and you recognize this and deliver a message that makes them believe it. An open door policy of contributions on both parts makes a winning team. You make sure others know how valuable they are to you and it is your job to keep their work environment harmonious so that the energy wasted on stress can be focused on your work.

I always tell paralegals - don't just walk in and hit the lawyer on the head. Give him or her a break. Ask for a time that you would like to talk about how to make the work flow better so the lawyer feels more in control. Tell your lawyer you have some thoughts you would like to talk that would make you a winning team. Tell your lawyer you want him to excel at the firm and want to know how you can help. Then open the door. Set some parameters. Decide how you can best communicate together so that both sides feel in control. Be willing to go the extra mile - being a lawyer is one of the most difficult professions I know. And if you think you can do the job better, go to law school. By the way, I said this to my paralegal daughter one time and she is now an attorney (smile).

There are many good courses on developing communication skills and I am simply giving you a much abbreviated version of what you need to know. If this is a problem with your relationship get it out in the open, take some courses, or if you are in a large enough firm ask them to do courses between lawyers and paralegals about communication skills. A strong relationship between lawyers and paralegals transcends a life-time and makes each better. Don't throw it away by thinking it is not important.

And remember "Where there's simplicity, words can be taken at face value. One says what one means and means what one says" (Albert Day).

FEEDBACK

I have a very strong belief that everything in life can be broken down into four simple steps. I simply lose track after four so I have made it my policy. Thus working relationships (and probably personal as well) are made up of only four key elements.

Expectations: You must let people know what your expectations are

Tools: You must give people the tools they need to accomplish their job from good work equipment to good information

Feedback: You must give people feedback good and bad on what is being delivered.

Accountability: You must hold people accountable for getting the job done within the parameters of the expectations.

Having said that, feedback between the lawyer and the paralegal is crucial. Feedback is information provided to another person to help him or her grow and improve. It is not intend to hurt. It is also intended to share with someone else what needs to be done that will allow the team to grow and improve. An open and honest atmosphere must exist.

THERE MUST BE TRUST THAT THE TRUTH AS THE PERSON SEES IT IS ALWAYS TOLD AND IN A WAY THAT NEVER DEMEANS OR DIMINISHES ANOTHER HUMAN BEING!

True teams are an important source to feedback to one another. It is unfortunate that lawyers and paralegals are not comfortable giving feedback to each other. Who knows your professional strengths and weaknesses more than a working lawyer and paralegal team?

Feedback is a positive tool. It loses its power to build and becomes destructive when used to judge, manipulate or control others. It must be descriptive rather than evaluative.

So how do you know when feedback should be given (either by the lawyer or the paralegal)?

1. It must be appropriate, relevant to the situation, will be helpful, and it is the right situation to share and have it understood.

2. Usable - The feedback is focused on something that is within the receiver's control.

3. Requested - It is wanted or expected rather than imposed.

4. It is timely - always given as close to the event as possible.

5. Clear - It is very important that the sender checks with the receiver that the message was understood.

6. Accurate - Make sure you have the facts and done your homework before you give feedback to someone. Don't exaggerate or distort the message to suit your own purposes. If you do, your feedback will never be trusted.

How does this translate to a working relationship with a lawyer and a paralegal? Let's take a typical situation that occurs regarding receiving discovery:

1. It should be documented as received with deadline dates
2. There should be a process where the lawyer and the paralegal work out joint responsibilities
3. The initial response to discovery is usually done by the paralegal for the lawyer to review
4. The lawyer turns it around and hands back for finalization and signing or additional information
5. The client signs the discovery and it is all sent back within the 30 day period.

RIGHT? I don't think so. I will bet money everyone here is frustrated with discovery because:

1. Discovery comes in and lies on lawyer's desk and is discovered when the paralegal comes looking for something else.
2. You have now used up valuable time getting the document.
3. You are waiting for direction on certain answers
4. The lawyer keeps putting it aside
5. The client isn't available
6. The lawyer comes out and says "get an extension" and the whole process starts all over again.

Think about using skills of relationships, communication and feedback simply this way:

1. Ask for a meeting to develop a process that would get the discovery through the channels faster.
2. Have a plan that takes control of problem with solutions from each
3. Get an agreement what each will do within a certain timeframe and get a concurrence
4. Document your process and set up a manual. Make sure everyone agrees and get input so he or she feels they have helped in the process.
5. Then implement it.

But once it doesn't work - which it won't because someone won't follow the process - you give feedback. You ask for a second conference - lay out the problem and ask for a solution. You state what you believe the problem is and you give feedback on what happened and how it can be corrected.

HOW TO CHANGE A WORKING RELATIONSHIP

You might start by asking your lawyer or paralegal to read this article. At the very least it tells the other you want a new tomorrow - a good professional working relationship. There are always exceptions to the rule but I tend to find that lawyers want to be good leaders, good employers, and want to improve the process so they become efficient. Lawyers need to be leaders that teach paralegals how to be leaders. Paralegals need to stop being enablers and be leaders with their lawyers.

Certainly there are some relationships that don't work no matter how hard you try and if so you need to think about moving on or changing the team. As hard as it sounds it would probably be better for everyone involved.

NEVER SETTLE FOR MEDIOCRACY IN A LAWYER & PARAELGAL TEAM!

I always say the size of the firm dictates the way to handle the problem. Bigger firms will usually have someone to step in and see if they can correct working relationships but smaller firms don't have this luxury. I might add that I am constantly amazed that law firms do not see the value of High Performance Training for lawyers and paralegals. It affects the bottom line profit!

That is why you have to learn to communicate, lead, and give good feedback. You have to go to each other at the appropriate time (not when he or she is headed out the door to the courthouse or the paralegal is two months behind in discovery) and have your ducks in a row.

First of all, don't expect the other to be prepared to receive this new thought process - you want a team environment. I always suggest doing a written memorandum of a quick overview with some suggestions and ask for a time to talk. Be honest with the other and tell them you would like to have a better relationship that would allow both of you to grow and learn together and help each other.

Paralegals should put things on the lawyer's level. Why would it benefit your lawyer to have a professional good working relationship? Truth of the matter is statistically lawyers who do have good working relationships with their paralegals are more productive, more efficient and make more money. That is a no-brainer!

Talk out what are each of your strengths and weaknesses. Develop a strategy to blend the two. I always say the best lawyers I worked with praised my strengths and forgave my weaknesses. It is a two way street. I am an organizer but most lawyers I have worked with are not. Thus I used this to my advantage. I set up an organized system and gave the lawyer little responsibility to track matters. I MADE SURE I WAS NOT INDISPENSABLE - I PUT IN TO PLAY CHECKS AND BALANCES THAT PROVIDED FOR THE EVENTUALITY OF MY DEMISE!

However I was always one step ahead of the lawyer and the lawyer came to depend on it. In return, the lawyer realized that I need information. Thus, the lawyer was always willing to "teach me" so I could better understand reasoning behind decisions. To this date I credit those excellent lawyers I worked with for allowing me to learn - because as I learned I became better and better and was able to provide the support they needed. They were never threatened by my desire for knowledge.

Tell each other always what is important to you and what your expectations are and be willing to get the same information. Clearly repeat it to each other until you are on the same page. You won't have 100% of what you want but you will certainly have more than most.


CONCLUSION

I will tell paralegals quite candidly that if you are looking for a team environment and your lawyer can't give it, then look elsewhere for a job.

I will also tell lawyers the same thing - if you can't work with your paralegal in a team environment then change paralegals. Or recognize you will only get what you ask for!

THERE HAS TO BE A DESIRE ON BOTH PARTS TO BLEND THE PLANETS!
If there is no respect for each position there is no hope for change.

You will see an exhibit to this manuscript which I encourage you to do with your each other in an open and honest atmosphere. It is a fun exercise. Each of you fills one out and then exchange. Once you see where you can balance the team (the planets) you then make a plan on how to recreate a great working relationship.

Caution: If you in any manner start this process with a limited view, one in which you are not willing to accept constructive criticism you are doomed. You may think this is unfair but I always look at a way to find a solution. Then remember a good part of communication is listening - you may be getting some good messages.

However, if you can figure out how to take the two planets and merge the language, behavior, thinking, and reasoning process, you will certainly create a new culture that is a blend of the best of both worlds.

Lawyers will always be from Mars and Paralegals will always be from Venus. It is just a manner of finding the right space ship to travel back and forth between each other's environments that will provide a universal approach to the enjoying of working with an effective legal team.