Saturday, March 6, 2010

Management, Supervision, and Representation

There is a definite link between management, supervision, and representation, in a variety of settings. Recently, I have adopted a number of new roles, and in doing so adapted my prior learning to current surroundings. I notice in having done so, I now maintain and manage a business, supervise other attorneys, staff and their work even as I engage in many other tasks myself including client engagement, discussions, and input. In some ways these roles require the same skill sets, in others, completely different. But there is a link between them and it is important to define this link even as I come to better understand each of my new roles.

Reflecting upon these roles could significantly help me become more efficient, feel better or worse about the job I am doing, and bring to light the actual contribution I am making to those I supervise, and represent, and in turn, their contribution to my practice, business, and my own learning. I am certainly not alone in this position. Most corporate, legal, financial, and other managers are similarly placed. But this kind of self-review is more difficult when you are creating a new system from the ground up, and aside from colleagues in other firms or consultants or family and friends or client feedback, you are alone.

The trick to good supervision and management, I think, is to feel less alone. Listen well. Hear both compliments and criticisms from others for what they are. Keep your eyes and ears on the ground and keep your focus; and correct, correct, correct constantly. Correct yourself, correct your attorneys and staff and supercede if and when you have to, liberally. In the end, you have to trust your instincts to guide you in everything even those matters that may be new to you, because it is you who is ultimately responsible for your files, your clients, yours and your firm's reputation. You are more apt to make the correct tactical decisions (with the right team behind you) because you are taking the risks, big and small, everyday; no one else. A couple of instances in my litigation cases have already taught me that.

Obviously it is important to treat your attorneys and staff well. You rely on them and they need to know that you do so in order to rise to the level of responsibility you expect of them. Trusting them to do their job, will instill in them greater scrutiny of their own work, and greater respect for your critiques, comments, and suggestions. As with my children, a mutual respect and love enters the picture because of the kind of intimacy a small firm creates. I tend to applaud good and great work, and depending on the personality of my attorneys and staff, criticize openly or tacitly so they recognize the kind of expectations raised by the situation. A glass half-full person, I am more apt to see myself as blessed at the end of the day, no matter what a particular moment may have brought on during the day. And my attorneys and staff are reminded of this. Although they are counted on to do their jobs in a formidable manner, an error will not end anyone's life. We are on the path to learning and growing everyday. None of us is perfect; of that they will remind me as will others. However, because of such expectations I am apt to recruit only the very best and the brightest.

As for representation of clients, it is not dissimilar in nature to the above. There are elements of supervisory control that are required but also, a depth or intimacy without which you cannot gain client trust, to know the story as necessary to optimally represent that client. I have previously intimated that my goal with clients is growth -- theirs and mine. We teach each other to align to the quest and to provide the other with the tools necessary to reach our common destination. Clients can also vary. Some want more control over the process of representation, and a good deal of contact, and some less. This variation is often based on personality, but sometimes also on the specific needs of the situation. Litigation clients can, for instance, be very perturbed by the circumstances giving rise to the litigation and call for a good deal of closeness so that I can understand the story and situation quickly. Corporate clients sometimes have a transaction that needs to be completed yesterday in which case, learning the clients objectives is key but a good amount of independence may be required to complete documentation. Others are looking for long-term growth through relationship development and partnership.

Management of the business on the other hand, is more objective and independent of the interpersonal. Unlike supervision and representation, the feedback is clearer. Tracking informational, financial, and marketing data, is detail oriented administrative work. However, common elements surface -- the ability to delegate, supervise, keep focus akin to a supervisory mandate and the element of intimacy that comes from looking at details repeatedly, to see if there is improvement in the way attention is paid to them.

If this blogpost appears dry, it's because it is. There are so many aspects to practicing law and starting a new law firm and they are not all exciting in the way we tend to think of headline cases. Creating a sustainable law practice is a commitment day in day out and requires the kind of passion necessary to attend to the details of management, supervision, and representation. This is only possible with constant focus, the creation of trust and intimacy, and a commitment to learning with eyes wide open.

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