Suzy B Software 2/Suzy B Software CD-ROM 2 (1994).iso/new_file/textfile/adopt_at/adopt_at.txt

Text File | 1995-04-25 | 5.6 KB | 125 lines

ADOPT AN ATTITUDE

This book combines two approaches to lawyers: the business attitude and
the autocratic attitude. I favor the pure business attitude -- but
personalities usually enter the field, and that's where the autocratic
attitude can come into play.


The Business Attitude

A pure business attitude -- or as close as possible -- is the right method
for most customers. It focuses on results, and avoids personalities. This
is a world view, not an opinion; it's not open to discussion by the lawyer.
Here is the frame of mind:

1. I'm buying a service which provides the following results: [insert
laundry list]
    (Obviously an experienced customer will be more specific,
but everyone has some idea of what they want.)

2. I need to know what results can be expected, how much it will cost,
and when it can be done. This information is necessary to my decision.
Without this information I can't make any decision. If I can't make a
decision I'll have to let this job drop. (And then you will not be hired.)

3. If the value (to me) of the results is greater than the cost, and the
cost is within my budget, I'll buy.

4. If the value of the results is less than the cost, or the cost exceeds
my budget, I won't buy.

5. It's a business decision, you understand.
    (Actually, the lawyer may not understand, but ignore that. The
important thing is that he's met business-like customers before. This
won't be a new experience.)

This attitude is essentially the practice of PROJECT MANAGEMENT (p.85).
You ignore any negative aspects of the lawyer's personality. Once beyond
basic manners, there is no reality but results and cost; results and cost
are the only meaning in the universe. In the end all conversations return
to results and cost.

Since results and cost are the only realities, it doesn't matter whether
the lawyer thinks you are "right," or thinks you're acting rationally.
If he starts debating, you want to determine how the point relates to
results and cost. If he wanders too far, you have to reintroduce your
original purpose. (Some lawyers claim debating is a means of examining
problems ... I've heard many debates, with many ideas laid in the grave,
but I've rarely seen a idea emerge in good health.)

Like a terrier digging for a bone, there is only one goal -- yours --
and you ignore all distractions.

The business attitude is also useful if you wrap up the job a lot sooner
than the lawyer expected. You tell him you'll be "giving up this
approach," that you "don't feel the results will justify the time spent."
Suspecting they are being fired, most lawyers will try to argue you out
of your decision. Go past this argument with the same steady business
attitude. You're offering them a chance to save face; most will take the
opportunity. Firing is much more relaxed when it stays in the realm of
ideas and results. Just as final, though.


The Autocratic Attitude

Outwardly focuses on results (and the results ARE important). At a lower
level it focuses on personalities. Power dynamics. Pecking orders. Big
monkey and little monkey.

I met Bill Friedman at a barbecue. The host -- heading off to turn the
roast -- said, "Bill knows more than I do. He's been in charge of a bunch
of federal regulatory lawyers for years." Bill had the look of a man who
knows his mind, so I went right to the point: "Pleased to meet you. Do you
happen to have a coherent ten-point theory on controlling lawyers?"

"Absolutely!" he answered, and here it is (in fact, he only gave me five
points, but they're good ones):

The Bill Friedman Method

1. Be autocratic.
    autocracy, n. 1. unlimited authority over others, invested in a
             single person
    (Bill later mentioned that he didn't mean the customer should be
nasty. Agreed: most people with real authority have fairly good manners.
Autocrats don't need to abuse people; they're above that.

2. Communicate the following ideas to the lawyer:
    You're a hired advisor.
    Your purpose is to advance what I believe or need.
    If you can't do that, you can't serve me.

3. It's OK to play golf with them, but only at your own club.
    [I assume that Bill also meant "... and not too often."]

4. Get on top and never let them up.

5. Bill added that -- like military people -- lawyers live by rigid social
rules, and people accustomed to such rules are prepared to take orders.

The autocratic method works best for those who know what they want -- and
think they have a divine right to command. Bill Friedman was a U.S. Army
officer for some 20 years, a pretty good way to develop the attitude.
J.P.Morgan must have had the same attitude, judging by his comment,
"I pay lawyers to do what I tell them, not to tell me what I can't do."
But if you don't have it, stick with the business approach.


The Democratic Attitude

You won't find modern theories of management in this book. There is no
participative management, there is no profit sharing, and there are no
quality circles. With good reason: lawyers are not regular employees,
for whom you're responsible. They are temporary employees who earn good
money, better than most of their customers, and who usually reckon they're
more important than the customers.

Responsibility aside, democracy doesn't work. Lawyers are ferociously
class-conscious. You can get on top and stay there, with the autocratic
attitude, or you can refuse to play games, with the business attitude.
That's about it.

    Excerpted from Dancing with Lawyers: How to Take Charge and Get
    Results, by Nicholas Carroll. Royce Baker Publishing,[phone]