To Know Them is to Lead Them: Empathy as a Critical Leadership Tool

Mother Knows Best: Equality Doesn't Always Guarantee Fairness

To my mother's chagrin, my sisters and I often play the game of, "who does mom love the most?" Our mother, an only child, and therefore somewhat bewildered referee, consistently shuts the inquiry down by explaining that while we all share the same title of daughter, that is not what drives our needs and wants. Rather, it is our individual personalities and circumstances that dictate what we each seek from her, so that is what she chooses to focus on.

Partners with a number of attorneys clamoring for their time, recognition, and reassurance that they are valued contributors may find themselves in a similar position as my mother. Those partners who create a culture where fairness is a given and where they actively seek to appreciate and enhance the value that each attorney has to offer will be in a better position to control retention, increase productivity, and boost morale.

Hunkering Down or Bouncing Around: Empathy Doesn't Go Out of Style

Law firms operating in this time of fluctuating economic and employment conditions are facing a similarly dynamic set of workforce expectations. Recent surveys suggest that many people are making stability a top priority by staying put even if a current situation is less satisfying than pursuing a new opportunity. However, just as some people are hunkering down, some of the attorneys that firms are most interested in retaining, those with sought after skills or consistently strong performers, are still weighing their options and making moves.

Whether they are staying put or moving on, attitudes about work and career are shifting. As job security dims and long-term employment stability becomes more difficult to achieve, law firms have to find new ways to attract and retain top talent, including a gaining a better understanding of what motivates each of their attorneys.

To Thine Own Self Be True

Before you get to know your talent, clarify who you are as a leader.

• Develop an authentic leadership style. What works for one partner may not work for another. Figuring out your leadership style will make it easier to motivate others. There are a number of ways you can identify your leadership style including, trial and error, coaching, and leadership assessments. Putting a premium on authenticity sends a powerful message to others that they should also strive to figure out what style will maximize their ability to contribute to the team's efforts.

• Mind reading should not be a core competency. Freeing up your attorneys to be the creative and innovative problem-solvers you expect is critical. It's a waste of time and resources if they have to spin their wheels trying to guess your expectations. From the onset, let everyone who works for you know who you are, what you expect, and any other information that will help them achieve the desired results.

• You don't have to like everyone. We all gravitate to certain kinds of people and this isn't a tendency that goes away just because you're in a leadership role. However, if you are rewarding certain behaviors or traits, think about why that is and if it's for a reason that enhances your organization, make sure everyone has the chance to understand what will be rewarded and when appropriate, provide people with opportunities to cultivate those skills.

• Lead by example. A recent Towers Watson report found that for top performers, high levels of engagement depend in part on whether those individuals can embrace and be guided by an organization's vision, values, and strategy. The report recommends that leaders not only be able to articulate a clear vision, but they should also connect the vision on a personal level to all personnel.

Avoiding Categorization Pitfalls

Once you've sharpened your leadership style, you're ready to tackle the ongoing challenge of making your firm a better place for a diverse group of people. How do you make sure your answer to the question "what do they want" takes into account the fact that no group is monolithic?

• Identities are multidimensional. Everyone's identity is composed of many different dimensions, including the more commonly discussed elements such as race, ethnicity, gender, age, disability, and sexual orientation. However, there are a number of other aspects such as working style, thinking style, and personality that can also inform who we are. What these elements mean to us may vary, depending on the context. For example, when I'm assembling furniture, being left-handed is much more important to me than the fact that I'm African-American. Given the multidimensional nature of our identities, to get the best out of everyone, encourage people to bring their best selves to work, whatever combination of dimensions and levels of identification that may entail.

• Stereotypes can be damaging shortcuts. The 1995 study by Claude Steele and JoshuaAronson discussed "stereotype threat," which they described as "the threat of being viewed through the lens of a negative stereotype, or the fear of doing something that would inadvertently confirm that stereotype." They observed that because we are all members of some group about which negative stereotypes exist, everyone can experience stereotype threat. During the course of their research, they also found that when people were in domains that they cared deeply about and were worried that their future within that domain would be compromised by society's perception and treatment of their group, they were even more vulnerable to the threat. Additional research has shown that there are a number of ways to reduce this threat including, encouraging self-affirmation, emphasizing high standards with assurances about capability for meeting them, and providing role models.

• Extend the benefits accorded by privilege to everyone. In White Privilege: Unpacking the Invisible Knapsack, Peggy McIntosh describes white privilege, "as an invisible package of unearned assets that I can count on cashing in each day…" Based on this description, she identifies a number of instances that are primarily tied to her skin-color privilege (rather than other dimensions such as class or gender) including the following: "I can speak in public to a powerful male group without putting my race on trial;" "I can do well in a challenging situation without being called a credit to my race;" and "I am never asked to speak for all the people of my racial group." Once you understand the various benefits such as these that are being accorded to some (and likely without any conscious thought), make an effort to extend them beyond the traditionally privileged group.

Hello, my name is…3.0

Once you've cultivated a culture that views people as individuals, how can you create stronger bonds with each of your attorneys to increase their productivity and boost their morale?

• Be curious. Partners who commit to spending one-on-one time with their associates on a regular basis will be in a better position to leverage that talent than those who rely solely on the annual evaluation conversation and hallway whisperings. Here are some questions to get you started:

  • Why did you choose to practice law, why here?

  • Who else are you working for and what kind of work are you doing?

  • How can I help you develop as an attorney? (e.g., skills-building, client introductions, shadowing opportunities)

  • Are there other partners to whom you would like to be introduced?

• Be (strategically) comprehensive. In his book on managing Generation Y, Bruce Tulgan offers a strategic approach for determining how much time you spend with each individual. First, associates who supervise other people or whose work is particularly high stakes should be a high priority. After you meet with those people, he suggests that you also choose one or two new people each day to spend whatever time you have left. If you have time for two, he advises picking one high-potential person and one person from the lower performing end of the spectrum, working your way to the middle until you have met with everyone on your team.

• Be creative. In Getting Better All the Time: Becoming a Talent-Driven Firm, the authors report that the opportunity to develop professionally consistently outranks money in surveys of employee satisfaction. As you start getting to know people better, you will likely find that there are a number of alternatives to financial rewards such as additional training opportunities, an introduction to a colleague or client, more frequent feedback, recognition, and thanks, or greater flexibility. The key is to broaden the realm of possibility and then know your attorneys well enough to offer personalized rewards.

Is This Working?

If law firm leaders remain focused on developing authentic leadership styles, cultivating a culture where individuality is seen as a competitive tool rather than a burden, and getting to know their colleagues, over time there will be greater potential for improved retention, increased productivity and engagement, and a more pleasant work environment.

This piece was originally published on Nov 9, 2010 in the Diversity Insider