by Jeff Thredgold, CSP

The “dismal science” of economics typically focuses on “bad” news. We clearly face significant challenges…no argument here. However, there are also many favorable developments taking place within the U.S. economy. This article focuses ONLY on the “good” news…

• The middle and lower-middle class had stronger income gains in 2007 than did the top one-fifth of households.
• For every dollar of U.S. economic output generated today, we burn less than half as much oil as 30 years ago.
• The number of illegal immigrants in the U.S. declined by an estimated 1.3 million (to 11.2 million) between August 2007 and May 2008. Stronger enforcement and fewer job opportunities contributed to the decline.
• Keep this in mind during the election campaign…the Bush tax cuts led to an enormous surge in overall tax revenues in recent years. In addition, the top 1% of income earners paid 40% of all income taxes in 2006, the highest share in at least 40 years.
• Overall, violent crime declined 1.4% in 2007 versus the prior year.
• Donations to charity set an all-time high in 2007, with more than $300 billion donated by individuals, foundations, and corporations. As a percentage of GDP, Americans gave twice as much as the next most charitable nation…England.
• Productivity of the average U.S. worker rose an average of 2.6% annually during the past 10 years, the largest gains in 40 years. Rising productivity is a long-term key to higher standards of living.
• American household net worth at year-end 2007 was $57.7 trillion, near the highest ever, and three times the total of 18 years ago. Net worth—the difference between assets and liabilities—had risen for 19 consecutive quarters before declining during 2007’s fourth quarter.
• The number of people who have quit smoking (46 million) now exceeds the number who still smoke (45 million). Roughly 21% of adults smoke today, versus nearly half in the early 1950s.
• Men’s contribution to housework has doubled over the past 40 years, while their time spent on child care has tripled.
• Seat belt usage by Americans was at 82% in 2007, versus 49% in 1990 and 14% in 1983.
• Average U.S. life expectancy has reached 78 years (men 75, women 80), the highest ever. This compares to 76 years in 1995, 68 years in 1950, and 47 years in 1900.
• U.S. exports to China have risen roughly 24% per year since 2001, making China the fastest growing market for U.S. goods.
• Air pollution declined 25% over the past 30 years even as the population and the economy grew. Water quality also continues to improve. More progress will occur in coming years as companies see rising value in “going green.”
• Children’s deaths from unintentional injury have dropped by almost 40% since 1987. Bicycle deaths fell 60%, while firearms-related deaths fell 72%.
• Toyota has developed a new fuel cell hybrid car that can travel more than twice the distance of its predecessor model.
• For the second time in two decades, the U.S. airline industry did not have a passenger fatality or major accident last year.
• U.S. exports of goods and services to the world are at record levels.
• Police officer deaths during 2008’s first six months were the lowest in 43 years.
• A year-end 2007 Gallup Poll noted that “more than 8 in 10 Americans say they are satisfied with their personal lives at this time, including a solid majority who say they are ‘very satisfied.’”
• Alcohol-related traffic fatalities in the most recently reported year dropped by more than half versus 20 years ago.
• The number of homeless people declined by an estimated 12% between 2005 and 2007, with an even larger decline in those who are chronically homeless.
• During the early 1960s, the five-year survival rate from cancer for Americans was one in three. Today it is two in three…continuing to climb…and the highest in the world.
• Traffic deaths per 100 million miles traveled last year were the lowest on record.
• The number of people without health insurance declined by 1.3 million to 45.7 million in 2007 versus the prior year.
• Childhood obesity, which rose sharply over the past two decades, appears to have stabilized.
• The American economy added eight million net additional jobs between 2004 and 2007. Job losses averaging 66,000 monthly in 2008, while painful, are 64% fewer than average monthly losses during the 2001 recession.
• Substantiated cases of childhood sexual abuse have fallen 49% since 1990. Physical abuse of children is down by 43%.
• More than three million girls participated in high school sports last year, part of a record 7.3 million total participants.
• The Federal Reserve aggressively reduced its key short-term interest rate seven times during the past year. One result? Interest costs for millions of Americans have declined.
• Some 68.6% of the 2.7 million “Class of ’05″ high school graduates enrolled in colleges and universities, the highest ever.
• The number of abortions performed in this country has declined by one-third since 1990 and is now at a record low.
• The U.S. rate of home ownership reached 69.2% of households in recent quarters, the highest ever, before declining slightly.
• The upward “mobility” of the typical American remains the greatest in the world. Why? The U.S. economy “rewards” the combination of hard work and educational achievement more than ever before…and more than any other country in the world.
• Women earned nearly 60% of all bachelor’s degrees awarded in recent years, versus 43% in 1970 and 24% in 1950. Women earned a similar share of master’s degrees.
• Median (half more, half less) household income rose 1.3% after inflation to $50,233 in 2007 versus the prior year.
• Illicit drug use among U.S. teenagers hit a five-year low of 9.8% in 2006, down 16% since 2002.
• The U.S. still accounts for roughly 40% of global research and development (R&D) spending.
• A record 29% of men have earned a bachelor’s degree or higher, versus 26% of women, also a record. This compares to a combined 7.7% in 1960. A record 84.6% of adults over age 25 now have at least a high school diploma, versus 24.5% in 1940.
• U.S. teen pregnancy and birth rates plummeted to all-time lows in recent years, before a slight rise in 2006. The reasons? More widespread use of birth control, more work opportunities, and more girls who “just say no.”
• Flexible work schedules are now the norm for 43% of workers, up from 29% in 1992 and 13% in 1985. This allows greater flexibility for more people, especially those with children.
• Roughly 30% of trash was recycled or composted in the latest year, versus 16% in 1990.
• In 1967, only one family in 25 earned $100,000 or more (inflation adjusted to 2005). Today, one in six families does. The share of families earning more than $75,000 annually in real dollars has tripled from 9% to 27%, while the share of families earning between $5,000 and $50,000 in real dollars has fallen by 19% since 1967.
• Violent crime overall is down 55% since 1993, with violence by teens down 71%. School violence has declined by half from a decade ago.
• The U.S. role of dominance in the global economy in recent years has been as clear-cut as at any time since the 1950s.

Jeff Thredgold, MS, is the only economist in the world to have earned the CSP designation, awarded by the International Federation for Professional Speakers and the National Speakers Association. He has spoken more than 1,000 times during the past 20 years, traveling more than 1 million miles in the process.

by Anna Farber Conrad with contributions from Elizabeth A. Weishaupl

As lawyers approach partnership status at a firm, they frequently are given greater levels of responsibility in firm management, including serving as a department or group supervisor. Despite the important role supervisors and managers play in the workings of law firms, firms often fail to train new supervisors or give them guidance regarding management methods or techniques. Management of firm resources, including employees, is vital in controlling the bottom-line costs of any business. Training in this aspect of law firm management is critical in maintaining a business’s solvency.

Developing a few key skills can help the supervising attorney optimize associate productivity, assimilate the new associate quickly into the firm, and create associates who may stay with the firm for many years. This article provides tips and techniques for three essential management skills needed for attorneys who supervise others: (1) giving feedback; (2) coaching; and (3) delegating.

Effective Feedback

Communicating well and providing constructive counsel are essential skills for legal professionals. However, we frequently fall short in using these skills to manage our own employees. Most associate attorneys likely are unfamiliar with the logistics of practicing law and may be unfamiliar with the law firm culture into which they were hired. Coherent, effective feedback by management is critical for productive development of the associate. Here are a few tips to follow when giving feedback to a new associate.

Be Specific
Base feedback only on what you observed:
Ineffective: “You asked too many open-ended questions during the deposition.”
Effective: “You asked, ‘What did you see when you opened the door?’”
Feedback must be direct and relate to a specific action. Using an exact quote or example will provide a solid, credible basis for the feedback.

Be Constructive
Avoid personal attacks:
Ineffective: “This brief is poorly written and organized. Are you sure you graduated from law school?”
Effective: “You included all of the facts to support your argument. With some reorganization, your brief will win over the court.”
The purpose of feedback is to comment on specific behavior, change it where it is clearly inappropriate, and improve and encourage it when it is headed in the right direction—not to belittle the associate and make him or her feel insignificant and incapable.

Be Wise
Explain why something needs to be done a certain way.
Ineffective: “Just do it the way I told you to and stop asking so many questions.”
Effective: “I have worked with opposing counsel for years. I know she will offer rebuttal on that issue, which is why I think we should rethink this strategy.”
Most lawyers are intellectually curious and many are drawn to the practice of law because law firms are learning organizations. A good law firm supervisor fosters this curiosity and uses it as a foundation on which to build a skill base that will be effective in future tasks and cases.

Be Clear
Confirm expectations of the work product.
Ineffective: “I’ll take a look at it when you are finished writing the motion.”
Effective: “Here is an example of a similar motion the firm did in another case. Take a look at it, and let’s discuss any questions you have later this afternoon before you start writing.”
Does the lawyer know exactly what he or she is expected to do? What may appear to be a performance issue may be a misunderstanding of what is expected. Encourage associates to ask questions or request suggestions and examples. Show the new lawyer the successful work product from the firm. Let him or her know what questions should have been asked during a deposition. Many young attorneys may be too embarrassed to ask for an example.

Be Concise
Focus feedback on two or three areas.
Ineffective: Overwhelming the associate with a legal pad full of areas that require improvement.
Effective: Pointing out to the associate a few specific areas that need improvement, including possible methods for achieving improvement goals.
Feedback should be a tool to build the skills of the recipient. If too many areas of weakness are critiqued at once, the recipient may feel overwhelmed and deflated. Focusing on two or three key areas for development will provide a good guide for the associate.

Current leadership theory recognizes the importance of building strengths, often overshadowing the need to fix every area of perceived weakness. Although you may not be able to ignore major opportunities for development—such as poor negotiation skills or lack of legal knowledge—building on the associate’s strengths may go further in retaining and engaging associates than dwelling on incidental weaknesses.

Efficient Coaching of New Attorneys

The practice of law cannot be learned simply by reading a manual. The practice of law is a craft that requires an apprenticeship period. Many new lawyers may think they were sprung “fully formed” from law school. However, established and successful lawyers readily will admit that they learned much of the practice of law from seasoned, experienced attorneys.

The days of law being an apprentice career are not over; we just do not acknowledge how much we really learn from seasoned attorneys. In an era of “high billables,” taking the time to coach and mentor others may seem a costly endeavor. However, many law practice skills can be developed through an efficient transfer of knowledge from an experienced attorney to an apprentice associate.

Often, lawyers are promoted for their knowledge of the law or their ability to build client relationships. The fastest and most effective way to transfer this knowledge is through coaching. Coaching is an ongoing process that focuses on providing behavior change over time. Coaching takes time and effort and requires a trusting relationship between the coach and the associate. In addition to applying the techniques listed in the “Effective Feedback” section above, there are several elements that will help make coaching sessions more efficient.

• Determine when to meet. Will you meet when questions arise, or will you schedule meetings at recurring times and dates? The associate should be responsible for scheduling the sessions, because he or she is accountable for his or her own development. However, a good coach knows that a strong suggestion to meet before the associate “hits a wall” may be necessary, such as when an important client meeting or trial deadline is approaching.
• Determine the parameters of the coaching sessions. Will you simply discuss matters specifically related to the associate’s workload and the work of the firm, or will discussions extend to the associate’s career development? Coaching topics can be limitless and may include thriving in the firm’s culture, interpersonal skills, legal analysis, client support, and almost any other obstacle associates face.
• Determine the level of confidentiality. During the first meeting, establish whether what is discussed will be shared or whether it will remain confidential between the coach and the associate. If the associate assumes the sessions are confidential, he or she may feel betrayed, for example, to learn that he or she is being discussed at staff meetings.
• Hold each other accountable for commitments. Changing behavior can be difficult. Sometimes knowing that someone else will hold you to your promises will motivate change.

Productive Delegating

It may take longer to explain something to an associate than it takes for the experienced attorney to perform the task. However, when the associate learns to perform a task the correct way from the start—receiving effective feedback along the way—he or she gains confidence and begins to build the knowledge and skill base to perform similar tasks in the future with progressively less supervision.

Delegation also shows trust and respect for the associate. Drafting a simple will or motion may be something the senior attorney can do in a short amount of time, but allowing the associate to draft the will or motion suggests confidence in his or her abilities.

A recent conversation with a second-year associate at a major law firm serves as an example of a missed delegation opportunity. The associate expressed her frustration at being relegated solely to document review. She sees the benefits of learning the law by reviewing documents, but feels her skills are not being efficiently tapped. Tasking her with drafting a simple motion or a set of interrogatories, or involving her in a client meeting, would increase her engagement in her primary responsibility. Such delegation of the work also may keep her from seeking employment at another firm that would offer greater learning opportunities.

Most lawyers enjoy autonomy. However, this trait, combined with the need to get things done correctly and swiftly, often gets in the way of identifying tasks that can be delegated. One way to approach the matter is to keep a record of all the tasks performed in a day, and then to delegate those tasks that are important but not urgent. This allows time for reviewing the associate’s performance and for providing feedback before any deadlines. Additional tips for effective delegation are listed below.

• Be clear. To be productive, delegation requires open, clear communication. Confirm the associate understands the assignment and the anticipated output of the task. Remaining open to questions throughout the process will go a long way toward successful completion of the task.
• Be focused. Clearly identify constraints and boundaries of responsibility and expectations of the associate. Avoid surprising the associate with new information or expectations after delegating.
• Schedule feedback. Agree on a schedule of checkpoints at which you will review project progress. Coaching skills are important here; the associate will need focus and guidance. The associate may even be able to provide insights to the tasks that the supervisor had not considered. The associate may be hesitant to ask for further guidance or clarification, but may need it. Identifying key checkpoints at which both the supervisor and the associate can confer and take stock of the situation is vital to a positive end result.
• Be a teacher and share examples. When delegating a project, it may be helpful to show the associate the final version of a similar project. The sample may go a long way toward explaining what is expected. For example, if the associate attorney is tasked with creating a set of interrogatories, provide interrogatories that were drafted for a previous case. Templates are used as a regular course of business in the practice of law—very few legal problems require us to reinvent the wheel.

Conclusion

Many attorneys find themselves in supervisory roles without having received adequate leadership training. However, such skills are essential to the success of a law practice. At a time when associate attrition is more than 50 percent,¹ incorporating feedback, coaching, and delegation skills into the law firm culture is in the best interests of law firm management. These skills will fundamentally increase productivity of the newer associates, effectively train them to be better attorneys, and decrease associate attrition.

Anna Conrad, JD, is an expert in organizational effectiveness and leadership development, and she is President of Impact Leadership Solutions. Anna Conrad has over a decade of experience in executive and leadership coaching, group facilitation, leadership development, and training. She has been a trusted confidante to leaders in numerous Fortune 500 companies, including the financial, telecommunications, legal, and health-care sectors, as well as in academia, government, and nonprofits.

Reproduced by permission. © 2008-2009 Colorado Bar Association, 37 from The Colorado Lawyer 109 (August 2008). All rights reserved.