Lawyer Effectiveness: An Empirically-Based Look

1. Lawyer Effectiveness: An Empirically-Based Look Professor Susan Daicoff, 2011

2. THE “LAWYER PERSONALITY” need for achievement; ambitious under stress pessimism? materialism; value economic bottom-line DRIVE TO ACHIEVE competitiveness “Thinking” MBTI preference over “Feeling” aggressive under stress INTERPERSONAL RELATING STYLE “rights” orientation over ethic of care dominance interpersonal insensitivity (c) Susan Daicoff, 2011.

3. HOW LAWYERS DIFFERED... (c) Susan Daicoff, 2011.

4. Testosterone Levels: Lawyers, Blue Collar Workers, and Other Professionals

5. “THINKING” vs. “FEELING”Myers-Briggs Type Indicator Dimensions • THINKERS: value justice, rationality, truth, & objectivity; decisions don’t reflect own personal values; can be cold & calculating; good problem-solvers • FEELERS: value harmony, interpersonal rel’ps., praise & mercy; apply their own personal values to make decisions; seek to do what’s right for self & others; sensitive to the effect of decisions on others • www.keirsey.com for an online test (c) Susan Daicoff, 2011.

6. THINKING/FEELING (Myers-Briggs Dimensions - Richard, 1994) Thinking Feeling Thinking Feeling Lawyers - Male Lawyers - Female Feeling Thinking Feeling Thinking Most Males Most Females www.keirsey.com for an online test (c) Susan Daicoff, 2011.

7. Myers-Briggs’ Types of Lawyers • Preference for Introversion, Intuition, Thinking, and Judging among lawyers & law students (INTJ) • Private practice lawyers = prefer Introversion, Intuition, Thinking (INT) • Most common types: ISTJ, ENFP, INTJ (ESTP, ISFP, ESFJ, ESFP least common) • Judges = prefer Thinking, Judging (STJ) • Most common types: ISTJ, ESTJ (ISFP least common) • Admin. Attorneys = prefer Intuition, Thinking, Judging (NTJ) • Most common types: INTJ, ENTJ • Lawyers resemble corporate executives (Thinking&Judging)

8. MORAL ORIENTATION(Gilligan-Based Categories - Weissman, 1994) 17% Care 22% Balanced Balanced Care 33% 43% Rights Rights 35% 50% (c) Susan Daicoff, 2011.

9. “ RIGHTS ORIENTATION” vs. “ETHIC OF CARE” Gilligan-Based Dimensions • RIGHTS: weighs conflicting rights & duties; seeks fairness, justice, & equality; maintains & applies rules, standards, & role oblig’ns. to arrive at clear, absolute answers • CARE: contextual; focuses on harm to people; seeks to avoid harm, maintain & restore rel’ps. & protect others from hurt; decides by assessing relative harm to & vulnerabilities of parties (c) Susan Daicoff, 2011.

10. EFFECTS OF LAW SCHOOL Some Empirical Research

11. EFFECTS OF LAW SCHOOL • Ethic of care disappears • Subtle fostering of: pessimism, competitive peer relationships, introversion, & Thinking style of decisionmaking • Intrinsic motivation & community service values decrease • Extrinsic & appearance values increase • Shift from public interest work to private practice (c) Susan Daicoff, 2011.

12. Intrinsic/Extrinsic Values Studies • Intrinsic motivation and community service values decreased in first year • Appearance values increased in first year • Those with the most intrinsic motivations had highest grades • But, those with highest grades most often shifted in career preferences • towards "lucrative" and higher-stress law careers and away from "service"-oriented, potentially more satisfying law careers

13. Self Awareness, Stress Management, Intrinsic Values & Preferences • In law school: if one’s values shift from intrinsic to extrinsic rewards … distress develops (depression, lowered wellbeing) • Use of Intrinsic Values & Decisionmaking Styles: • Choosing a firm, employer, work setting • Achieving maximum wellbeing • Working with others in a team setting; understanding others • Having excellent intra- and interpersonal skills • Choosing & understanding clients

14. Letter to Myself Three Years From Now • What are your “intrinsic values” – those aspects of practicing law that you’ll find intrinsically satisfying (e.g., not $, fame, reputation, material things)? • Write yourself a brief note about this, to be opened during your final semester of law school, at graduation, and during the first month of your first law position. Save it in a permanent place.

15. WHAT MAKES FOR AN EFFECTIVE, SUCCESSFUL, “TOP” LAWYER? Lawyer Effectiveness Factor Research

16. Top 40 Lawyers Under 40 – Dr. Taylor/Lexpert High achieving lawyers under 40 shared these traits with Olympic athletes and other high achievers: “a way of thinking, learning and concentrating that differs significantly from 90 per cent of the population ... intense detailed focus and concentration coupled with big picture conceptual strategic thinking ... an almost inexplicable drive for achievement and success that appears to originate in a variety of sources, such as adversity and challenge in the formative years ... a predisposition (i.e., hard-wiring) that ensures an unstoppable need to compete and win ... an incredibly strong sense and knowledge of self ... [and] an intuitive sense of others by which one can “read” what is implicit or understand subtle body language and gestures.”

17. Skills of “Top” Canadian Lawyers Compared to Other Lawyers – Taylor’s Studies (2002-04) • Intrapersonal skills • Independence • Stress management • General mood • Interpersonal skills (female lawyers) • Problem solving

18. Summary of Taylor’s Studies of Canadian “Top” Performers • Self awareness • Self management • Stress management • Mood management • Independence • Assertiveness • Optimism • Sensitivity • Ability to “read” others • Trusted advisor Problem solving Practical creativity Intrapersonal interpersonal

19. Summary of Taylor’s Studies of Canadian “Top” Performers • Self awareness • Self management • Stress management • Mood management • Independence • Assertiveness • Optimism • Sensitivity • Ability to “read” others • Trusted advisor Problem solving Practical creativity Intrapersonal Interpersonal

20. Lawyer Effectiveness Factors -- Shultz & Zedeck (2008)Hastings/Berkeley Subjects 1 : intellectual & cognitive • analysis and reasoning • creativity/innovation • problem solving • practical judgment 2: research & information gathering • researching the law • fact finding • questioning and interviewing 3: communications • influencing and advocating • writing • speaking • listening 4: planning and organizing • strategic planning • organizing and managing one’s own work • organizing and managing others (staff/colleagues) 5: conflict resolution • negotiation skills • able to see the world through the eyes of others 6: client & business relations - entrepreneurship • networking and business development • providing advice & counsel & building relationships • with clients 7: working with others • developing relationships within the legal profession • evaluation, development, and mentoring 8: character • passion and engagement • diligence • integrity/honesty • stress management • community involvement and service • self-development

21. More U.S. Studies: Nontraditional Skills Listed By Practicing Lawyers as Necessary For Law Practice • Survey of Chicago (1993) & Minnesota (2000) lawyers: • Instilling others’ confidence in you • Negotiation • Counseling • Ability to obtain and keep clients • Survey of Montana lawyers (1988): • Honesty • Integrity • Reliability • Judgment • Maturity • Dealing effectively with others • Motivation • Continued professional development • Tolerance and patience • Understanding human behavior • Self-confidence • Survey of Arizona lawyers (2005): • Listening • Working cooperatively with others as part of a team • Problem solving • Counseling • Negotiation • Obtaining and keeping clients • Networking within the profession • Mediation • Strategic planning

22. Skills for Effective Lawyering: Synthesis of Six Studies ‘88-’08 • Intrapersonal Skills • Honesty, integrity, maturity, reliability, judgment, motivation • Self-confidence, tolerance, patience, independence, general mood, stress management • Continued professional development • Interpersonal Skills • Dealing effectively with others, understanding human behavior, listening, working cooperatively with others • Instilling others’ confidence in you, getting and keeping clients, networking within the profession • Counseling • Conflict resolution • Mediation & negotiation • Teamwork & collaboration • Problem solving • Strategic planning

23. “Standout” Skills Competencies or traits named in three of the six studies are: Drive Honesty and integrity Understanding others Obtaining and keeping clients Counseling clients Negotiation Problem solving Strategic planning

24. Proposed Generations • Lost Generation (1883–1900) • Greatest Generation (1901–1924) • Silent Generation (1925–1942) • Baby Boomer (1943–1960) • Generation X (1961–1981) • Millennial Generation/Generation Y/Generation Next or Net(1982–1998) • Generation Z/New Silent Generation/Homeland Generation (1999–2019)

26. The Last Century & 6 Generations • G.I. Generation • Hero (Civic) • 1901–1924 • World War I/Prohibition • Silent Generation • Artist (Adaptive) • 1925–1942 • Great Depression/World War II • Millennial Saeculum • (baby) Boom Generation • Prophet (Idealist) • 1943–1960 • Superpower America • 13th Generation(a.k.aGeneration X)1 • Nomad (Reactive) • 1961–1981 • Consciousness Revolution • Millennial Generation2 • Hero (Civic) • 1982–2003? • Culture Wars • New Silent Generation 3 • Artist (Adaptive) • 2004?– present • Millennial Crisis? Source: Howe & Strauss (1991)

27. Media & Technology Use “an increased use and familiarity with communications, media, and digital technologies” “Next Generation” college students…used technology at higher rates than people from other generations: • 97% of students owned a computer • 94% owned a cell phone • 92% of those reported multitasking while Iming • 76% of students used instant messaging • 56% owned a MP3 player • 40% of students used television to get most of their news • 34% used the Internet to get their news. • This generation spends at least 3.5 hours a day online. Source: Junco & Mastrodicasa (2007) (who conducted a research study of 7,705 collegestudents). • Now add: social networks: Facebook, Twitter, Linkedin, etc.

28. What are Millennials doing in class? • Facebook • Twitter • YouTube • Online Learning Tools • Email • Angry Birds?

29. Trophy Kids/Sense of Entitlement • Used to “no one loses” and everyone gets a "Thanks for Participating" trophy, resulting in a sense of entitlement • Have “too great expectations from the workplace and desire to shape their jobs to fit their lives rather than adapt their lives to the workplace” • “Assertively seek more feedback, responsibility, and involvement in decision making” • Resulting “generation & understanding gap” between older employees and supervisors in the workplace & younger, Millennial employees

30. Communication With Parents • College students were frequently in touch with their parents – • Junco and Mastrodicasa (2007) also found that students spoke with their parents an average of 1.5 times a day about a wide range of topics.

31. Characteristics • Celebrate & enjoy diversity • Optimistic/realistic • Self-inventive/individualistic • Rewrite the rules • Killer lifestyle (demand work/life balance) • Irrelevance of institutions • Internet is a given; assume use of communications, media, & digital technologies; multitask fast • Nurtured; Sense of Entitlement • Collaborative, teamwork & learning • Friends = family

32. Gen X v. Millennials • Accept diversityPragmatic/practicalSelf-reliant/individualisticReject rulesKiller lifeMistrust institutionsPCUse technologyMultitaskLatch-key kidsFriend-not family • Need:· Casual, friendly workenvironment· Involvement· Flexibility and freedom· A place to learn • Celebrate diversityOptimistic/realisticSelf-inventive/individualisticRewrite the rulesKiller lifestyleIrrelevance of institutionsInternetAssume technologyMultitask fastNurturedFriends = family • Need:· Structured, supportive workenvironment· Personalized work· Interactive relationships Millennial Law Prof Gen We Video Generation X Born 1965-197651 million Millennials Born 1977-199875 million Source: The Learning Café and American Demographics enterprisingmuseum 2003.

33. Millennials’ Greatest Assets • Work well collaboratively in groups/teams • Peer oriented (e.g., use of social networks) & relational • Excel in public presentations and real-life exercises • Innovate - sidestep traditional methods and use technology (internet) to achieve goals (e.g., Napster) • Demand “balance” of work/life/pleasure • Celebrate cultural diversity • “Hero/Civicmindedness” qualities • The next “Great Generation?” (c) Susan Daicoff, 2011.

34. Bottom Lines • Maintain your moral & personal compass, in law school Your reputation is your greatest and most precious asset, in the law. • Know & build on your strengths Keep sight of your intrinsic values. • Let the research dictate what it takes to be a successful lawyer, not hearsay, rumors, or guesses

35. Please contact Susan Daicoff for proper citation to authority for these slides; all information is either my opinion or was summarized from others’ empirical work or commentary; original sources should be consulted.