Get Creative

It's not too late - yet.

June 2 is the absolute deadline for submission of entries for the 2008 InnovAction Awards.  If you, your law firm, or someone you know has been doing something extraordinary -- something never been done, or been done in quite this way -- go to www.innovactionaward.com to learn more and to access the simple entry form.

If selected for an award, you'll join some awesome company -- DLA Piper, Mallesons, Holland & Hart and more.  While you're checking out the entry information, click on "Hall of Fame" to read about winning entries and enjoy some helpful Q & A about how these pioneers got it done.

The myth of the solitary genius

"This phenomenon of simultaneous discovery -- what science historians call "multiples" -- turns out to be extremely common." In 1922, when William Ogborn and Dorothy Thomas put together their first comprehensive list of multiples, they found 448 major scientific discoveries that fit the pattern of being made by several individuals at more or less the same time. 

Logarithms were invented by John Napier and Henry Briggs in Britain at the same time as they were invented by Joost Burgi in Switzerland.  Evolution?  Charles Darwin and, separately, Alfred Russell Wallace.  Color photography?  Charles Cros in the UK and Louis Ducos du Hauron in France.  Oxygen?  Joseph Priestly in Wiltshire and, a year earlier, Carl Wilhelm Scheele in Uppsala.  "'There were four independent discoveries of sunspots, all in 1611; namely, by Galileo in Italy, Scheiner in Germany, Fabricius in Holland and Harriott in England,' Ogburn and Thomas note(d)."

Malcolm Gladwell's fascinating article in this week's New Yorker, In the Air: Who says Big Ideas are Rare? takes a look at the phenomenon of multiples as well as the role of collaboration in innovation. In it he suggests that ideas actually aren't all that rare.  That, with the right intellectual stew and ample time and stimulation, ideas are literally a dime a dozen.

Nathan Myhrvold's Intellectual Ventures process of "invention sessions" serves as great inspiration for anyone looking for profitable new ideas.  And, for me, it is far too tempting to resist comparing this process with the all too frequent mass killing of ideas that routinely takes place at law firm management committee meetings.

Read the article.  It isn't short, but you'll be glad you spent the time. I guarantee it will leave you hitting the "send" button to convene an invention session of your own. What could be more fun?

Or profitable.

I double dare you

Our culture has long looked to the creators of science fiction to blast us through the stasis of thinking-as-usual.  Scratch the surface of many professionals who are charged by their day jobs with thinking conceptually, creatively, technically . . . . and you're sure to find there beats the heart of a Trekkie, Dune fanatic, Steam punker or clandestine gamer.  From H.G. Wells' Captain Nemo to Gene Rodenberry's Captain Kirk, the artists and writers who create science fiction have tickled the minds of inventors, strategists, technologists and innovators for eons.  Want an example? Take a look at my fellow legal conceptualist, Rick Klau, in this month's issue of WIRED.  He's commenting on Leinad Zeraus' self-published Daemon, the story of a terminally ill game designer who "unleashes a diabolical, self-replicating Web entity that enlists disaffected Netizens in its mission to destroy civilization."

From Jean-Luc Picard's assimilation by the wiki-like Borg to William Gibson's Neuromancer introduction to the cyberhabitats we've learned to love as social networks, we are schooled by their prompted imagining to try on ordinarily frightening ideas in the relative safety of our (their?) imagination.  And by trying them on, grow accustomed to. . . .even addicted to. . . .thinking and doing differently. Even Shakespeare used the device of directed imagination to prompt more open thinking.  The Tempest introduced many a tattered resident of the Globe Theatre's "gods" to the possibility of cultures and worlds who thought and worked differently than their own. 

This week at the Science Museum in London a new exhibit opens. The focus is Dan Dare: Pilot to the Future a 1950s cartoon hero who inspired a wave of scientific innovations immediately following World War II.  For those of us who sometimes stop mid-Blackberry to muse sentimentally on our cereal-box Dick Tracey wrist-radios, it will feel very much like home.

So what am I thinking?  I'm wondering where we must look now to find the "science fiction" that will guide the practice of law through this stage of internecine resistance to an evolved future profession that serves to resolve conflict, protect property, preserve agreement and defend the rights of individuals . . . but in a new way that serves all who are involved.  Isn't it time someone started drawing pictures of what could be. . . . . .instead of whining about what has "always been?"

Just a thought.

Tip of the hat

Just a tip of my hat to Warren Bennis today.  In the book Leaders which he wrote with Burt Namus he reminded us:

"Innovation -- any new idea -- by definition will not be accepted at first, no matter how sensational the idea may be.  If everyone embraced the innovation, it would be difficult to take it seriously -- as an innovation.  Innovation causes resistance to stiffen, defense to set in, opposition to form.  And any new idea looks either foolish or impractical or unfeasible -- at first.  It takes repeated attempts, endless demonstrations, monotonous rehearsals before innovation can be accepted and internalized by any organization.  This requires staying power and, yes, 'courageous patience.'"

It's sure wonderful to be reminded from time to time that new ideas can be a hard sell regardless of your situation.  It is way too easy, working in law firms, to become convinced that this is truly the creative spirit's personal hell.  For, after all, who better (more effective and more irritating) to argue against something than. . . well. . . . .a lawyer?

But it is certainly true that change. . . .and new ideas. . . . .are almost always threatening.  Only the certifiable or, at best, unemployable can thrive on a continuous diet of innovation.

So perhaps it is as important for the creative mind to invest in a supply of well developed patience as it is to keep that brilliant creative genius honed to the finest point?

Squirm with envy

"When something is broken, it sometimes pays to replace it rather than fix it."  So say Derek Jaques and Rupert Hanson of Mallesons, a top 50 international commercial law firm with offices throughout the southern pacific rim. Jacques and Hanson developed the firm's TalentNet, a brilliant web based solution for recruitment management which was awarded a 2007 InnovAction Award by the College of Law Practice Management.

Sheldon Krantz, Chair of DLA Piper's New Perimeter international Pro Bono program says it took "patience and tenacity to develop and implement an entirely new pro bono concept." New Perimeter was also recognized with an InnovAction Award.

If, like many law firms, you squirm with envy when reading about law firms who roll out surprisingly different business strategies because you just can't see how anything remotely new could have a life in your firm. . . . .take a listen to what the proven innovators have to say.  And take a lesson.

At InnovActionaward.com you can read interviews with current and past winners as they describe the internal and external barriers they encountered and the resolution they discovered.  Just go to the website, click on "Hall of Fame" and scroll down the right margin to find the winner whose interview tempts you.

Scratch the itch

Many years ago, I worked with a group of dentists to market a new service;  Dentists On Call.  Essentially it was a referral service.  One of the things I learned through that work is that a great deal of research had been done by the dental profession regarding patient usage and preferences.  While it seems like a no-brainer now, the 400 lb. gorilla in the room was FEAR.  The thing dental patients disliked the most about visiting the dentist and caring for their teeth was FEAR.  Second was PAIN.

Well, if you have teeth and you care for them you have probably noticed over the last 20 years that there has been enormous emphasis placed on pain prevention in dentistry.  (How is it possible, I wonder, that I can have a dreaded root canal and feel no discomfort whatsoever?!?)  You've probably also noticed that instead of Dr. David Pullanjerk, DDS on your dentist's door, you see something like "Happy Teeth" or "Smile Dr."  They don't even ask you to bend way over to spit any longer!  The dental profession has successfully addressed those primary patient comfort concerns in both the reality of the experience as well as the language and environment used in marketing.

We have two dogs.  That means a lot of dog food is consumed in my house.  Over the years we've tried many methods for dealing with the mess - plastic tubs, metal bins, etc.  If you have dogs, you know what I'm talking about.

Last week I purchased a new kind of food for them - Beneful.  I didn't notice until I got home that a MAJOR innovation had occurred.  Instead of the usual mess of torn bag and ungainly pouring. . . . this bag had a beautiful heavy-duty ZIP LOCK top!!!  Wow.  Instantly I had images of some brilliant researcher asking dog owners what they hated the most about dog food.  We don't taste it, so it isn't flavor.  We like to think we make purchase decisions based on vitamins and minerals but. . . . . .not so much.  What people hate about dog food is the way the bags rip/tear/shred and become instantly unmanageable once you have pulled the blasted little string.  (If you can find it.)

So. . . .why am I bending your ear with this stories?  Because as I stood there opening and closing the huge and sturdy zip lock on the bag I found myself pondering the legal profession.  What is the greatest barrier, the greatest irritant for the clients of law firms?  Well, I don't know of a public survey that has focused specifically on that question (if you do, I'd love to know.) but I do know of plenty that focus on what clients do want from their lawyers.  They want to feel safe.  Taken care of.  Confident.

We've all been talking about that for at least the last 20 years.  What changes have we seen in response to that?  I'm talking about MEANINGFUL changes.  Oh, I hear a lot of talk about how quickly telephone calls are returned.  And whether the receptionist is nice. But where's that blinding glimpse of the obvious?  When do lawyers and law firms decide to abandon all assumptions and re-invent themselves into something that speaks to the nervous/uneasy client in crisis?  And. . . . .as a side benefit. . . . ensures longevity for their practice in times of serious transition?

Well?

Anything is possible!

My favorite childrens' Christmas book has long been A Wish for Wings that Work by Berkeley Beathed.  At last it has come true!

Take this class . . . . please!

Training of lawyers was the focus of a great deal of discussion during the 2007 annual meeting of the College of Law Practice Management last September.  From leveraging the desire of Gen X lawyers to constantly add to their resumes to the need for aging lawyers to learn more about retirement planning. . . training and development was definitely on the minds of the College Fellows.  And little wonder.

Given the rate of change -- and the threat of more -- in the business of practicing law, the need to add new skills and adapt older ones is at a fever pitch.  The need is high, but the response appears to be less than effective on many fronts.  Regardless of how needed they may be, firm sponsored training programs will still stumble into the traditional potholes in the road unless a hard look -- with an eye to change -- is taken at firm policies and culture that stifle all but minimal participation on the part of those in need.

If you work regularly in law firms you know that it is near impossible to get high attendance at training sessions from the firm's lawyers.  The reasons are myriad:  Billable hours, trial dates, poor planning, etc.  But one of the issues will always be the fact that lawyers are trained - in law school - that an important part of their competence and ability to compete is based on the "fact" that they already know everything.

Okay, okay. . . I exaggerate.  But will you agree that most lawyers avoid circumstances where they may be perceived as being less than totally on top of the subject matter?  That it is part of the skill of lawyering to project confidence and a total grasp of the information?  Add that to the natural competitiveness of lawyers and the stress of the tournament to partnership in most firms and you've got a whole lot of empty sessions and silent chat rooms.

Ponder this:  Might it be possible to create learning sessions supported by the understanding that all bring something to teach and something to learn?  My doodles during the above-mentioned COLPM sessions turned into something resembling a perpetual motion machine.

Allow me to suggest that the next time you structure learning groups or skill-building sessions you contemplate a structure that allows all to be learners and teachers.  Break down the resistance to being perceived as the one who needs to be taught by asking everyone to learn. . . .and to teach.

Senior lawyers still active in practice have an immediate need to better understand social networking, Twitter, blogging, etc.  Those fresh-faced new lawyers who arrive wanted to be "made into lawyers" look to their seniors for coaching and advice on those traditional lawyering skills so long not taught in law school.

The secret is not just to abolish a learning hierarchy, but to value what each brings to the table.  It's a good feeling for all involved.

Is this an approach you've tried?  Do you know of someone who has?  I'd love to hear more about the results of your experiments.

Practice, practice, practice. . . .

So what would it look like if a law firm *did* develop an effective leadership development program?  (As some certainly have!)

Well, it would focus on and nourish those aspects of the individual necessary for true leadership.  Since we know most lawyers' personality preference is to understand, first, the context of things, a good starting point would be talking about what leaders actually do. My personal favorite is Kouzes & Posner's seemingly simple Five Practices of Exemplary Leadership:

1. Model the Way
2. Inspire a Shared Vision
3. Challenge the Process
4. Enable Others to Act
5. Encourage the Heart

A person could spend a lifetime working to master these practices.  In a law firm environment, where a partner is called upon to lead his/her colleagues and where there is neither concept of a "direct report" nor an acceptance of hierarchy. . . well, it's a double challenge.

These practices require a degree of self understanding and control. . . .of confidence and perspective. . . of compassion and commitment.  . . . that cannot be gained through the exploration of case studies nor memorized by rote.  An effective leadership program focuses inward to assist the individual in understanding themselves first, and then in relationship to others.  It understands that transformation takes time and that new behaviors require real life opportunities to practice.

In an environment still largely driven by the billable hour it is admittedly difficult to take the time to do this right.  But there is no secret way to short circuit the process. . . . .no quick fix. . . .no way to just "take this little pill and you'll be a leader."

It takes hard work and time for most people to grow to meet the challenge of leadership.  Programs that work communicate this. . .. in fact demand it. . . .and support it.

Do something new. Get a prize.

The deadline for entries to win one of the 2008 InnovAction Awards is June 2.  Early birds can save a little money by getting entries in before May 1.  Click here to learn more about the awards and read about past winners.  The College of Law Practice Management has been recognizing lawyers and law firms who are taking the risks to improve the business of practicing law since 2004.