The oldest law journal in the United States

Make Smart Decisions by Fighting Confirmation Bias

If you are reading this, you are probably an investigator. It may not be your job title, but if you are a lawyer, auditor, doctor, HR business partner, manager, executive, etc., a big part of your job is investigatory, requiring you to arrive at well-reasoned, fact-based, modern decisions, guidance or recommendations. You regularly make searching, systematic inquiries based on examination of relevant facts, data and information. How do you determine what is relevant when you investigate? It's likely that you unconsciously select or rely too heavily on information you already agree with and pay little or no attention to data [...]

Visualize a Path to Action to Achieve Your Goals

How do you decide what to pay attention to in a world where an onslaught of images and messages is constantly delivered by way of a myriad of devices along with an ongoing scan of ­in-person threats, opportunities and attractions our brains must prioritize every ­second? How do you maneuver around the minutiae of everyday life and keep your focus trained on aspirations and ­achievement? One answer is to train your brain to navigate past the noise and focus on what is important. Our brains are wired to filter information through the "reticular activating system (RAS)," located in the brain stem [...]

Win-Win Negotiation—How to Strike Better Deals

A judge once told me that a ­successful settlement occurs when the ­plaintiff thinks he did not get enough and the defendant that he gave away too much. This viewpoint envisions both sides leaving negotiation with a measure of defeat. Some years ago when I was a trial lawyer, we were on the verge of choosing a jury when the judge called for a settlement ­conference, ordering both sides to come to his chambers with authority to settle. He asked us to write a number on a slip of paper and hand it to him. I wrote down the lowest [...]

By | 2017-05-18T15:12:21+00:00 May 3, 2017|Categories: The Legal Intelligencer|

Cracking Confidence—What It Is and How to Have It

Cracking the Confidence Code In "The Confidence Code," authors Katty Kay and Claire Shipman attempt to glean the mysteries of self-confidence. The subtitle, "The Science and Art of ­Self-Assurance—What Women Should Know" nails more specifically the ­mission of the book to apply studies, research and data to assessing whether or not a ­confidence gap exists between women and men and what to do about it. But the book is not limited to what women should know. Much of the research is relevant to anyone, men included, with female co-workers, direct reports, supervisors, daughters and wives who would do [...]

How Personality Assessments Can Help Your Career

How Personality Assessments Can Help Your Career I have often said that I didn't begin to know myself until I was in my 30's and by then was already a litigator. An unhappy one. I chose to hang on and gut it out, confident that I could overcome my ­distaste for battle and learn to love litigation. Changing firms only served to cement my sense that I was in the wrong field because no matter how nice the people I worked with were, my feelings about the work did not transform. I marveled at litigators who reveled in [...]

By | 2017-02-28T21:14:48+00:00 February 27, 2017|Categories: The Huffington Post, The Legal Intelligencer|Tags: , , , , , |

Lawyers and Marketing – What You Need to Know and Didn’t Learn in School

Last year, I read a post on LinkedIn titled, "Why Don't Law Schools Teach the #1 Factor for Success?" It was authored by Cole Silver, director of client relations at Blank Rome, and a perusal of his profile revealed a wealth of solid, crucial advice for lawyers on how to thrive regardless of layoffs, mergers and firm closures. Because marketing is a huge stumbling block for lawyers I coach, I asked Silver for an interview. Silver's role at Blank Rome was created to drive revenue, coach and train lawyers on how to acquire and retain clients, bring the client's voice, [...]

By | 2017-02-28T21:44:01+00:00 January 30, 2017|Categories: The Huffington Post, The Legal Intelligencer|Tags: , , , , , , |

New Year Resolution: Be Proactive in Your Choices

I am not a big fan of New Year ­resolutions. Turning the calendar page from December to January does not make one eager or ready to change long-standing habits and disillusionment often follows. But there is a year-end tradition that is both reflective and proactive—taking inventory of your world with an eye toward what is working, what you want more of and less of in your life and letting go of any perceived or real failures once you have gathered whatever gems they have to offer in the way of opportunity and awareness. You can take stock and start the [...]

By | 2016-12-28T15:02:54+00:00 December 21, 2016|Categories: The Legal Intelligencer|Tags: , , , , , |

Working From Home: The Good, the Bad and the Laundry

Copyright: TWINSCHOICE Work At Home Telecommuter Time Sheet More people are telecommuting than ever before. According to a 2015 Gallup poll, 37 percent of U.S. workers have telecommuted, four times greater than the 9 percent found in 1995. The arrangements vary, and for some it is full time and for others limited to a few days a week. Recently, a client of mine with a portable workload was asked, along with her entire department, to telecommute as a strategy for the company to lease a smaller space. While this would have many jumping for joy, it was unwelcome news [...]

By | 2016-10-27T15:58:46+00:00 October 27, 2016|Categories: The Huffington Post, The Legal Intelligencer|Tags: , , |

The Thrill and Adventure of Working at a Startup

What's next on your bucket list ­professionally? Do you ever think of starting your own ­business or joining a startup? Working for a new enterprise can be exhilarating, especially when you prepare yourself. How do you do that? By surrendering to the fact that growth requires change, so nothing stays the same, and recognizing opportunities to be better, even if you have to quickly override your own decisions. When a business starts at ground zero, initial growth is ­exponential, requiring resilience and constant adaptation to the demands of it. Before doing it, I recommend a ­hard-nosed, clear-eyed assessment of your [...]

By | 2016-09-22T19:58:36+00:00 September 22, 2016|Categories: The Legal Intelligencer|Tags: , , , , , |

Multitasking Is Not an Effective Way to Work

I distinctly recall the first time I heard the word multitasking. It was in the late 1990s and I was in a colleague's office for a meeting. She was sitting behind her desk and I was in a chair facing her. As we talked, she began to straighten up, ­picking up papers and glancing at them before ­assembling them in neat stacks. I asked if she would prefer I come back to which she replied, "No, no, I'm just multitasking." Given the context, I was able to deduce the essence of the word, if not the precise definition. Setting aside [...]