The End of the American Way?

Jordan Furlong authored yet another excellent article on his Law21 blog, this time about the potential obsolescence of law firms whose leaders are too clueless to see and react to the changes in the market.  See How to Kill a Law Firm.  He refers to the rapid, but not unexpected, emergence of new competitors to the traditional large law firm. Firms such as Legal Process Outsourcing (LPO) providers, technology vendors, small firms enabled with technology and low-cost structures and access to virtual resources able to compete with global firms, and so on. As Jordan paints the picture, law firm leaders should have something to fear from competitors who employ a rigorous approach to entering new markets, with the discipline to get out if they can't succeed:

"Accordingly, these entities are now sizing up the legal profession, looking for weaknesses and soft spots to exploit. They have several advantages, including financing, business savvy, and patience. But their most powerful weapon is their attitude: unlike most lawyers, they believe there’s nothing natural or pre-ordained about lawyers’ domination of the legal services marketplace, and they believe it can be ended within the decade. Very few lawyers believe this, and very few law firms are taking the Jack Welch approach of both knowing your enemy and adopting its methods."

But are law firm leaders listening? And does the problem lie primarily with the large law firm mindset?

In the past several years I've delivered multiple talks to groups of lawyers on the future of the legal profession. In one notable case, I explained how in a previous executive role I determined that our business could disintermediate hundreds of law firms, save the courts time and expense, and return to defendants millions if not billions of dollars that were otherwise allocated to plaintiff lawyer fees.

How? Well, the details aren't all that important, but suffice it to say that a company routinely hired by plaintiff lawyers to find hundreds, thousands, even millions of potential claimants; assess the eligibility of these claimants; gather, compile and submit documents on behalf of all qualified claimants to the court; receive and safeguard settlement funds; disburse these funds according to court guidelines to all qualified claimants; and provide regular compliance reports to the court; could quite easily add a plaintiff lawyer or two to the payroll and eliminate the need for injured parties to give up 30-40% of an earned settlement by hiring individual plaintiff lawyers to represent them. Our staff plaintiff lawyers could handle the legal work while we would automate the rest. (Patent pending!)

Sure there are some holes, and it's a tad more complicated than it appears, but with time and energy, we knew we could address these issues. After all, when the most successful plaintiff lawyers travel around in their privately-owned jets, we correctly deduced that there was enough financial incentive for plaintiffs/claimants to try a new approach if it meant keeping more of the settlement they "earned" through some hardship.

Now, I have no particular beef with plaintiff lawyers, and I believe they perform a critical role in our society and they deserve to be richly compensated for their efforts. But that doesn't mean as a businessman I like them enough to not find a way to do what they do more efficiently, and in so doing earn some of the proceeds of that efficiency.  I like my Audi too, but on my next purchase I'll still try to obtain the best deal.

One of the plaintiff lawyers in the room where I gave this anecdote, a former leader of her local Bar Association, rose in outrage. She proclaimed that what I described was nothing short of a second American Revolution, requiring the suspension of the rule of law and leading to a complete loss of freedom and the American way. She was dead serious. Her inability to see how technology and savvy business processes were better for her clients than her warehouse full of disorganized boxes of claims and supporting documents led her to perceive that any change to the status quo was tantamount to anarchy.

Similarly, in my large law engagements I'm regularly confronted with partners whose every action shouted "This is the way it is, the way it's always been, and the way it always will be, and I have only so much patience for you little people who suggest I change my ways merely because the clients desire I do so."

Lest I and other pundits like me come across as somehow disgruntled with the legal profession, nothing could be further from the truth. I've spent most of my adult life working to support and improve the business of the legal profession. It's frustrating to see such obvious opportunities for positive change overlooked by leaders of enterprises whose primary focus should be on operational improvements to win and keep business. Instead, I see a lot of hand wringing, hiding in the sand, and cost-cutting masquerading as business process improvement.

I'm hopeful law firm leaders will learn. In some cases, it may be only after they're hired as a salaried lawyer by an entrepreneurial outfit that siphoned off their firm's clients, improved efficiency, quality, and client satisfaction, lowered costs, and increased profitability.  And they'll eventually learn how startling easy it can be, relative to obsolescence.

No reason that entrepreneurial outfit can't be your own firm, starting today.

Timothy B. Corcoran is principal of Corcoran Consulting Group, with offices in New York, Charlottesville, and Sydney, and a global client base. He’s a Trustee and Fellow of the College of Law Practice Management, an American Lawyer Research Fellow, a Teaching Fellow at the Australia College of Law, and past president and a member of the Hall of Fame of the Legal Marketing Association. A former CEO, Tim guides law firm and law department leaders through the profitable disruption of outdated business models. Tim can be reached at Tim@BringInTim.com and +1.609.557.7311.

Social Media Update

One of the most popular and heavily visited blog posts I've published is the summary of what social media I read, visit and engage on a daily basis. Those who know me are quite aware that I incorporate social networking in my professional and personal life, and the most common question I'm asked is, "How do you possibly find the time?" Well, simply put, I make the time. I've always felt that weaving together disparate points of information, connecting dots that others don't see, has given me a strategic advantage in my professional life because occasionally I see trends and opportunities before others. I also find value in connecting people when such a connection benefits both parties. And so I read a lot, from many sources. I'm not as consistent as I once was, but I try to spend a little time every day, usually in small doses throughout the day, staying on top of news and developments in my field, updating and sharing some of these tidbits with my networks, and skimming what others in my network have shared. When viewed in the aggregate, it can be a daunting and exhausting effort to stay on top of it -- it's not uncommon, for example, to open my Google Reader on a weekend after a busy week and find over 1,000 unread items.

But I learned a lesson long ago that has helped me immensely. I have always been reluctant to start a book or magazine unless I'm prepared to finish all of it, which means I need both the time and the inclination to dive in fully committed. But I eventually learned that this is a dumb rule. So now I happily pick up a magazine and read the one or two or ten articles that interest me rather than read it cover to cover. If I'm three chapters into a book and I simply can't muster the energy or interest to continue, it goes on the shelf. I no longer feel any guilt putting something down and moving on. This has freed me to skim a large volume of sources, selecting those which interest me for further investigation, and literally scrolling past the rest.

But an unexpected downside of incorporating a high volume of reading materials into my daily life is that I'm more desensitized to what others may find unusual or interesting because when I've seen twenty references to some tidbit in fifteen different sources over the course of two weeks, it may appear commonplace to me when in fact it's still on the fringe and weeks (or months or years!) away from common knowledge. For example, I vividly recall conducting a Legal Project Management workshop for a group of law firm partners a couple years ago, and not only were they unaware of this growing trend, they didn't even know what the terms meant. I had forgotten that many lawyers look to precedent to learn, rather than look outside their own experience.

Nevertheless, I'd rather read too much than too little. But choices must be made. And so I divide my time across a variety of social networks, reading multiple news sources and blogs, never knowing which might be valuable to me today. Following is a list of the social networks and reading sources I visit daily, or as close as I can get.

LinkedIn - I maintain a robust profile here, having achieved 100% on the completeness meter, for whatever that's worth. I tend to research my business connections, such as clients, prospective clients or people who send me resumes. The fact of the matter is everyone will research you and me sooner or later, so I feel we might as well put our credentials out there for review. As for contacts, I now have over 700 connections, of which I have instant recall of probably no more than 70%. I tend to invite attendees at my workshops and speeches to connect with me, which means my network is full of people I don't really know. But LinkedIn provides a handy notes tool which allows me to capture a few thoughts about each contact. Lastly, I will readily offer my network to those interested in finding a job or making a connection, as in "Review my connections and if there's someone you'd like to meet let me know." Few do, suggesting that networking is still a scary proposition whether online or virtual.

Facebook - I spend a few moments on here each day, typically posting some inane comment about what I'm doing, skimming what my friends and family are doing, and occasionally offering comments. I never ever play Facebook games. I can't imagine why anyone would care that last Saturday I played two hours of basketball at the gym, folded four loads of laundry and watched a soccer game on TV. But it amuses me endlessly that others find this interesting and so I continue to share. Facebook has turned into a proxy for class and family reunions and annual birthday phone calls, because now I know what my friends and family are up to, even the distant connections I haven't seen in twenty years, so we don't need to catch up. Being more aware isn't the same as being closer, however.

Twitter - I have over 800 followers on Twitter, and I'm listed as a "must read" on several lists of legal industry pundits, but I don't actively attend to this network like I used to. I don't believe in the "If you follow me I'll follow you" trend, so I follow only 350 or so, and of these I really only keep track of a few dozen. I like Twitter, and it's a very handy search tool as well as an invaluable tool when attending (or not attending) a conference, but it takes time to navigate through the noise and at the moment it's not capturing my attention as in the past.

Legal OnRamp - I'm a big fan of this network and I've spent time with its founder, Paul Lippe. I had the good fortune of being part of the Counsel Connect team, which was a social network for lawyers in the early '90s, well before its time, so I'm a fan of the format and LOR improves upon the model in many ways. This network is fantastic with robust content, good debates and a number of compelling private offerings for member firms. I don't participate so much lately as lurk, but I do enjoy the spirited discussions.

Martindale Connected - I like this network too, though it was late to the party and therefore it hasn't really ever entered my daily regimen. I've participated in a few discussions, and I was invited to offer feedback on the last redesign, but -- and I could be totally wrong here -- it seems to skew more toward the small firm audience, whereas I spend most of my time with big firms. Martindale-Hubbell has always offered excellent networking tools, and its shift from directory to social network has been somewhat lengthy and painful, but I have every reason to believe this network will become ever more robust and engaging over time.

LMA Connect - This is the official online community of the Legal Marketing Association. Several years ago this particular configuration replaced an easy-to-use email listserve with a somewhat clunkier online interface, which seemed to inhibit usage. I believe at the time the organization also chose not to automatically enroll all members in the online community, preferring to allow members to self-select which forums to join. The net effect is that traffic is much lower than it once was, but it really is a must-read forum for all topics related to legal marketing and business development.

Lawmarketing Listserve - This is one facet of the robust online community created by legal marketer turned entrepreneur Larry Bodine. I've been a member of this listserve since 1996 and with few exceptions I've skimmed every posted comment by every legal marketer on every topic for the last fourteen years. I can think of few better ways to stay on top of the pulse of legal marketing than to listen to legal marketers.

Google Reader - I use this as my RSS reader, and it works equally well on my PC, my Blackberry and my Android PDA. I love the simplicity, which allows me to quickly skim hundreds of news articles or blog posts in a very short period of time, marking some for future reading, sharing or saving.

Here are the feeds that I monitor daily, with explanations where the content is not self-evident:

News Wall Street Journal Financial Times ESPN CNN MSNBC New York Times Rochester Democrat & Chronicle - My hometown newspaper

I also read two local print newspapers each day, the Trenton Times and the Trentonian. (I also do both crossword puzzles, typically within 20 minutes, except for the syndicated and much harder weekend editions!)

Legal News Law.com - Legal Technology Law.com - Newswire Wall Street Journal Law Blog Above the Law - a fascinating and unashamedly narcissistic legal tabloid that essentially lampoons Biglaw from the perspective of lawyers-turned-journalists

Economics Freakonomics - From the authors of the popular books, here one finds anecdotes of economic theories in use in daily life The Becker-Posner blog - One a noted University of Chicago economist, the other a noted Federal Judge, these two debate topics of the day from an economics perspective. Pour a cup of coffee and don your thinking cap before reading these articles MacroBuddies - A blog authored by my favorite macroeconomics professor, Farrokh Langdana of Rutgers University, and his MBA students and alumni

Law Departments In House Rants - written by an anonymous corporate lawyer, he or she shares frustrations with outside lawyers and their reportedly poor service and business skills. I very nearly deleted this because the author is sporadic and at times not very constructive... but then the title should have been a clue! InHouse ACCess - authored by The Association of Corporate Counsel leaders and member contributors. An excellent, constructive, rich source of information about the challenges of in-house counsel with practical guidance to outside lawyers on how to better serve their clients InHouse Blog - Law.com's collection of news and information for the in-house counsel community Law Department Management Blog - the gold standard in providing information to the in-house community, Rees Morrison offers a tremendous volume of insight from book reviews, to critical analysis of surveys and products, to thoughtful discussion of metrics and other operational issues for General Counsel

Management Financial Times Management Columnists - a roundup of the FT's management experts. I'm particularly fond of Stefan Stern

I've added and deleted quite a few sources from this Management list. There should be plenty of rich sources that fall between the Harvard Business Review and some anonymous rant, but I have difficulty finding good ones that help me grow as a manager and a leader. All suggestions welcome.

Legal Blogs - This is the real heart of my online reading, and I've added and deleted quite a few over the years. Again, all suggestions for good sources are welcome. 3 Geeks and a Law Blog - an enjoyable tour of topics from three legal professionals, one a Knowledge Management professional, one a Law Librarian and the other a lawyer/marketer Above and Beyond KM - written by V. Mary Abraham, a Biglaw Knowledge Management professional and lawyer, a great source of practical information about legal technology and its potential for improving the practice of law Adam Smith, Esq. - hands down one of the top blogs for anyone interested in law firm management. If you aren't reading author Bruce MacEwen's excellent insights, then you can't possibly be serious about improving your management skills and insights Bill's Blog - This blog is authored by American Lawyer Media CEO Bill Pollak and though it was originally intended for his employees only, he's developed quite a following of industry insiders who are as interested in his management style and use of social media from the board room as they are in his company Brand Thinking - interesting insights on law firm marketing from well-known law firm branding and advertising guru Burkey Belser College of Law Practice Management blog - this blog published by this prestigious group of legal industry thought leaders should be more robust, but alas many of the vocal Fellows (of which I'm one) publish their own blogs, so I keep this handy more for its potential than for its practical use at the moment Cotterman on Compensation - I've long been a fan of Altman Weil consultant Jim Cotterman's insights into law firm economics and finance, and as the world of associate and partner compensation is changing his insights are invaluable Decent Shred - a helpful smorgasbord of topics on legal technology, knowledge management and marketing by consultant Shy Alter Enlightened Tradition - a collection of UK legal KM manager Mark Gould's posts about knowledge management Get Creative - Merrilyn Astin Tarlton's musings on creativity, innovation and leadership Global Growth Guru - Consultant Doug Johnson's thoughtful insights on legal marketing and legal business management Hildebrandt Blog - Consultants from Hildebrandt Baker Robbins offer insights into a variety of legal industry topics Hubbard Perspective - commentary, insights and links from legal marketing technology leader Hubbard One ILTA blog - the feed from the leading association of legal technologists In Search of Perfect Client Service - Biglaw refugee Patrick Lamb launched his own small law firm focused on offering value in innovative ways to clients. His commentary here lampoons the traditional mindset of Biglaw lawyers and offers helpful tips for adding value in your own firm Inside Legal - Legal PR experts at Envision Agency offer news and commentary primarily about legal service providers Larry Bodine LawMarketing Blog - the aforementioned legal marketing veteran offers commentary gleaned from his consulting practice Law Consulting Blog - Veteran lawyer turned management consultant Cordell Parvin offers insights and commentary on the changing legal profession Law Firm 4.0 Blog - my longtime friend (and now competitor!) Deborah McMurray offers her usual insightful commentary on legal marketing Law Firm Competitive Intelligence - veteran legal CI expert Ann Lee Gibson offers occasional insights into the world of CI, gleaned from her many years helping law firms win competitive bids Law Firm Web Strategy - noted web marketing agency Stem Legal offers insights into legal marketing trends Law21 - The second on my absolute must-read list for anyone serious about law firm management. Jordan Furlong is a veteran journalist turned management consultant and his insights are informed by constant observation of law firms, their leaders and their foibles and successes. If my list weren't alphabetical this blog would be listed at the top LawBizBlog - Ed Poll is a lawyer, management consultant and mentor/coach to a long list of successful lawyers. I enjoy his writing more than his quirky videocasts, but his soft-spoken, well-informed commentary is perfect for lawyers who need advice but are afraid to ask for fear of being ridiculed. Ed is even more engaging in person. (Ask him about his 1968 Airstream trailer!) Legal Blog Watch - Two columnists rotate informative and often amusing commentary on legal news of the day Legal Current - from Thomson Reuters, news and links about the legal industry Legal Marketing Blog - veteran legal marketer Tom Kane, who's had stints in several Biglaw firms, preaches what he practices on this blog, a guide to help legal marketers and lawyers improve their business generation efforts Legal Marketing Canada - this blog might be labeled Jasinski on Legal Marketing, but I go by the name of the RSS feed. Lawyer and legal marketer Doug Jasinski offers insights particularly suited to Canadian lawyers and marketers Legal Marketing Reader - journalist Amy Campbell created this site to aggregate legal marketing articles. A great idea with a nice archive of very informative articles, though it isn't updated nearly enough Legal Process Outsourcing - an executive at outsourcing giant CPA Global offers insights into the growing LPO field Legal Transformation Blog - Lawyer turned consultant Joshua Kubicki offers excellent insights into the changing world of law firm operations Lloyd Pearson Blog - veteran legal directory editor turned law firm marketer turned consultant assists law firms with their communications and legal directory strategies. Here he occasionally provides insights into the ever-present and growing world of legal directories Martindale Blog - Martindale-Hubbell's face to the market offer insights into its offerings, social networking and other legal marketing topics Progressive Marketing - veteran legal marketer Russell Lawson offers his unique take on the state of legal marketing Rainmaker VT - good friends Mike O'Horo and Craig Levinson recently launched an innovative online approach to teaching business development skills to lawyers. In his blog they discuss legal business development tips and techniques Real Lawyers Have Blogs - former lawyer turned serial entrepreneur Kevin O'Keefe has been leading the charge on legal blogs for years. His stream of consciousness blog posts are an informative and often amusing look into how he thinks Strategic Legal Technology - Another must-read favorite of mine. Ron Friedmann has been involved in law firm technology since the days when "tech savvy" meant having a secretary with access rights to the one PC owned by the firm. His accumulated wealth of knowledge coupled with his personal experiences inside law firms and as a vendor to law firms is an incredibly valuable resource The Client Revolution - Jay Shepherd breaks new ground in practicing law with the client's needs in mind rather than his own billable hours. His insights are very helpful because they're based on his own experiences operating a law firm in a new way The Common Scold - a colleague from my days at American Lawyer, Monica Bay is one of the most respected legal technology journalists, serving as longtime editor of Law Technology News. Her insights on the state of legal technology, to legal vendors (never sell "solutions!") to her love affair with the New York Yankees are must-read, as making her "people on the move" update is a badge of honor The Legal Watercooler - Law firm marketer Heather Morse Milligan is a career counselor to hundreds of legal marketers who enjoy learning from her experiences and seeing the world of law and legal marketing through her eyes The Non-Billable Hour - Matt Homann makes you think outside the box, and even if you think you know it all, he'll help you learn something new. A fascinating guy with a fresh outlook on life and learning, his blog is a good consolation when you can't spend time with Matt in person The PR Lawyer - Philadelphia lawyer turned PR counsel Gina Furia Rubel practices what she preaches, using social media and traditional PR to promote her practice of helping law firms and small businesses promote themselves Thoughtful Legal Management - I really enjoy Canadian lawyer Dave Bilinksy's writing, in part because he's a veteran journalist, in part because his consulting practice and experience gives him a ringside seat to the many changes in law firm management and technology Virtual Marketing Officer - longtime friend Jayne Navarre offers her insights into legal marketing, particularly social media, gleaned from years of experience working inside and consulting to law firms. In fact, my own blog exists as a result of her very kind assistance Zen & the Art of Legal Networking - The International Lawyers Network has a tremendous resource in Lindsay Griffiths, who employs her impressive social media chops both promoting this association and discussing the use of social media

Other - a handful of sources that aren't easily categorized elsewhere @ErikJHeels - my old friend Erik is a lawyer, musician, technologist, who served as a legal technology journalist for a dozen years or more. He writes on all sorts of topics, from baseball to patent law to music to how he synchronizes his Gmail and Outlook Contacts (with diagrams) to housing rates in Eastern Massachusetts. An engaging writer, you never know what to expect The Dilbert Blog - If all you know of Dilbert creator Scott Adams is that he's a lousy artist, then you're missing out on a fascinating mind who writes from his perspective as an accomplished economist, cartoonist, technologist, atheist and hypnotist. While often funny, his writing more often makes you think Dr. B's Blog - I've retained Dr. Linda Burrs for multiple projects having to do with organizational dynamics, team work and selling skills. She has a corporate trainer background, and now helps businesses and people operate more effectively. I have hired her to conduct a practical Myers-Briggs workshop for every new team I've managed for over a decade... and I will do so again Musings on (Marching) Music - my kid sister Colleen Corcoran writes about her love of music and teaching music, particularly marching band (she's a drum corps national champion). I tell her she should write about how hard it is to find a job as a high school band director and marching band instructor when it seems like every school district has even more incompetent personnel policies and procedures than the last!. But she laughs it off and prefers to write of what she loves rather than what she must endure to pursue her passion. I envy her restraint! Seth's Blog - marketing guru Seth Godin offers frequent pearls of wisdom and occasional self-important drivel. He has a knack for forcing one to ask, "Why do we do things that way when there are far more effective approaches?" Set in Style - I very much enjoy writing coach Mister Thorne's often acerbic but always informative approach to urging lawyers and legal marketers to hire professionals to do their non-legal writing. You can't help but laugh when he points out the inefficiency of complex legalease when simple editing will produce more concise, effective prose The Pursuit of Arete - from the "people surprise me" department, my longtime friend and my former public relations consultant Daryn Teague offers some fascinating insights into politics, history, culture and the American way. We've shared many a beer over the years and I have a great respect for his intellect, but not once did I suspect he had these interests tins : Rick Klau's blog - I've known Rick since his first job out of law school, and since then he's been a rising star in whatever game he's played. Currently a rising executive at Google, Rick has been blogging for a very long time on topics that interest him, and since he's usually a couple years ahead of the curve they will probably interest you too eventually Tom Glocer's Blog - I began reading the Thomson Reuters CEO's blog a while ago, long before joining the company, because I'm fascinated by CEOs who take the time to engage the public. I've met more CEOs afraid of their own employees and terrified of customers, so finding one who's willing to engage so openly is refreshing (see Bill Pollak above)

Humor - There are about a dozen feeds which provide an endless stream of laughs. However, humor is a subjective thing and some may not be appreciated by my readers. Suffice it to say that an RSS reader can provide plenty of amusement in addition to education.

If I were more organized, I'd publish a list of what I've stopped reading, and why, because the list does change over time. But alas, interested readers will have to conduct this comparison on their own. You can read my previous social media updates here (2009) and here (2008).

Marketing Your Law Practice With A Blog

"In a world where a claim of expertise is often indistinguishable from actual expertise, it's critical as a lawyer to clearly exhibit subject matter expertise to your target market, notes Timothy B. Corcoran, a senior consultant with Altman Weil. One effective method of establishing such expertise, says Corcoran, is with a blog. He discusses the benefits of blogging and also some of the basic issues that can arise, such as how often to post and whether outsourcing is a good idea." See my article from Marketing the Newsletter reprinted at Law.com here.

Balancing Superior Products With Arrogance And Incompetence

While attending an out-of-state college showcase soccer tournament with my high school daughter, I had the occasion to get together with an old colleague, one I last saw about 18 years ago when we were both relatively young, inexperienced, rising stars at a software firm that catered exclusively to the publishing field. Let's call our old employer "Q." Seeing my old pal and reminiscing about old times led me to reflect on some of the lessons we learned together at Q, lessons that for me have been very helpful in my career. Here are a few. Build what the customer needs and you will generate customer satisfaction and loyalty. This sounds fairly obvious and intuitive, but too often we see products that solve problems customers don't have. Or more maddeningly, products that solve minor customer problems but ignore major customer problems. The founder of Q didn't run the company, but he served as chief technologist, essentially deciding what to build. And he determined this in large part by walking the exhibit halls at industry trade shows like MacWorld and Seybold, asking questions, listening to customer complaints, sitting in the back row during product demonstrations, eavesdropping on the chatter, and so on. By and large he was unknown except to die-hard users, so by merely turning his name badge around he could wander unobtrusively and gather impressive intel. Typically before the end of each major industry conference we would announce some aspect of a future release that was uncannily tied to a new customer demand. In those days, our product offerings were known to be comprehensive and tightly in line with market needs. Accordingly, our market share grew quickly from radical upstart to duopoly with the then market leader.

Try hard to disguise your hatred of customers and employees. Another lesson that should appear obvious, but how often have you encountered an inexplicably complex product and wondered if anyone, even once, just once, who worked at the manufacturer ever tried to actually use one of their products?! One of my personal pet peeves is that annoying tamper-resistant adhesive tape found on Compact Discs. While it may resist tampering, it also prevents opening! (I think illegal music file sharing could have been completely eliminated if they had removed that tape!) Another pet peeve is the hard plastic packaging in which many consumer electronics are sold, the kind that requires a Ginsu knife and the dexterity of a neurosurgeon to avoid severing a finger while opening. The president of Q was one of the most disagreeable people I've ever met. It's not that he was outwardly unfriendly; he seemed gregarious enough. It was that he maintained an unbridled contempt for customers and employees. His idea of a motivational speech was to recount yet another way in which he bullied a valued supplier into giving us free product, or how he reacted to an unhappy customer by deactivating the software license and demanding the product back. He refused to allow anyone to "test drive" the product, demanding that any potential user buy the product first -- and we naturally offered no returns or refunds. He didn't trust salespeople to abide by this rule, so only the most trusted salespeople were allowed to have working software in their possession. And even this was monitored through a special serial code and any attempt to activate it for a demonstration would lock it and render it useless.

The actual incidences where our president personally offended customers were relatively few; he typically reserved his wrath for his employees. But the tone he set came through loud and clear in our pricing, service posture and employee turnover. We eventually learned an important lesson: Even superior products aren't a sustainable advantage for the future, and often aren't even enough today. Customers routinely told us they loved the product but hated the company, and the moment the competition caught up they would run, not walk, to kick us out. Others would tell us outright that they were much happier creating manual and more expensive workarounds for what the competing products didn't do, than spending money on our product and in so doing support the madman running the firm. In short, if you hate customers, you should avoid going into commerce. If you hate employees, you should avoid being an employer.

When all the competent employees leave, a lot of useless employees are left behind. I've had many excellent mentors during my career who taught me positive lessons. But I've also learned what not to do from some of the less than shining stars in my past. But by a significant margin, the worst manager, the worst leader and the person who most embodied the Peter Principle (in a hierarchy every employee tends to rise to his level of incompetence) was Q's Vice President of Sales. It would be too much of a compliment to say she embodied the Dilbert Principle (companies systematically promote their least competent employees to management in order to limit the damage they are capable of doing) because that suggests there was a conscious understanding of the depths of her incompetence. Whether it was her lack of knowledge about the sales function, her lack of knowledge of our products or customers or markets, her unwillingness or inability to be a conduit for market feedback on pricing or service issues, her fear of one-on-one conversations and the resulting hire of an administrator whose sole job was to intercept calls and say "no" to all requests, or the fact that she rushed from every team meeting to attend other, more important, and often imaginary, meetings, we found her laughably inept and completely useless. Her specialty was not hiring quality salespeople, it was terminating productive salespeople when they earned too much and then devising innovative schemes to avoid paying severance and earned commissions. The greatest contribution generated by Sales was product revenue; the second was the profit generated by retaining earned commissions rather than paying them. The fact was, because the president considered everyone fungible, the good employees eventually left. Those who remained were a mix of evangelists, good people who hadn't yet left, teacher's pets, employees with limited employment prospects and incompetents.

This lesson has been repeated many times over the years. In fact, at a later employer where I spent a mostly enjoyable decade plus, I saw CEOs come and go, I saw strategies come and go, I saw products come and go. Some of these were good, some poor, some market-leading, some lagging. But one constant throughout were the middle managers, the civil servants who kept the company running even as regimes changed at the top. I don't know why so many CEOs fail to realize that market forces and competition typically pose fewer challenges than internal forces, like inertia and a desire to avoid change. At Q, I suspect that even the evil president was aware of what an idiot his head of sales was. However, at my more recent longtime employer the same sales leaders have reigned for years, outlasting several CEOs and doing all they can to thwart progress. My advice to the current CEO, and his imminent replacement when he's ousted shortly: fire your sales managers. The only constants in the organization have been declining growth and lack of turnover by the people charged with driving that growth. Instead they conduct layoff after layoff of the worker bees, they rearrange the titles in the board room, and yet they continue to wonder why the reports from Sales reflect no material change in the company's fortunes. If only they learned the lesson I learned long ago at Q, that when good people leave, many incompetents remain.

Despite the harsh tone, the story ends well. My incompetent VP of Sales now runs a sales consulting firm, reportedly educating sales managers and salespeople how to do what she spectacularly failed to do. The president of the firm retired a rich man. The founder also retired a rich man, and now spends time advocating some admirable social reforms. And my buddy and I, well we're a bit grayer, a bit pudgier, a bit wiser, but the lessons we learned as young comrades are as vivid today as our friendship is, even after an 18-year absence. I hope you too find lessons and friends that endure.

Advice for a new CEO

In a recent column, the well-respected Financial Times business journalist Stefan Stern discussed research findings suggesting that "CEOs who carry out a big deal in their first year outperform their peers in the long run."  Stern quotes research from the Mergers and Acquisitions Research Centre (Marc) at Cass Business School in London, which studied the relative performance of 276 CEOs in 171 European companies. I thought of this when a business colleague informed me that he was taking on his first Chief Executive Officer role, after years of climbing the corporate ladder.  Having already made this leap some years ago, it occurred to me that few of the many business books I own and little of the friendly advice I received from peers were very helpful when I finally sat in the chair.  "Now what?" I recall thinking.  With that in mind, here are 15 practical lessons I've learned along the way that new CEOs might find helpful.

Bold actions speak loudly to the market. Just as Stern reports, many business leaders become constrained by their environment, burdened by the many internal forces striving to maintain the status quo.  Often a new leader can walk in the door and see an obvious course of action over which the previous leader endlessly hemmed and hawed.  Just as often, the metrics by which the new leader are measured offer greater flexibility than those constraining the previous leader.  In my own experience, my team and I pitched our corporate parent for years to obtain capital investment for our slowly dying business, but as the cash cow we were required to fund every other risky investment.  Years later the business received its capital investment, but only after losing tens of millions in revenue (essentially reducing the business by half), and even then it required a bold new CEO to drive through the necessary changes.  New CEOs have the ability to make bold moves, so instead of wasting time in analysis paralysis, study the data already available and make a move.

Small actions speak loudly internally. Global strategy is important to analysts and shareholders.  Having a clean restroom and a snow-free parking lot mean far more to the staff.  A CEO must consider these as priorities too, despite the temptation to delegate all minutiea.  You'd be surprised what one can learn when interacting directly with staff on issues that matter to them.

One of the first company-wide edicts I made as a new CEO was to eliminate our "no blue jeans" policy.  Our main facility was part production plant, with big whirring machines and forklifts and trucks coming and going at all hours, and part cubicle farm.  While clients and potential clients regularly toured our facility, I felt my staff was quite capable of judging when to dress up and when to dress comfortably, so I removed a rule I felt was paternalistic and unnecessary.  In another example, a telephone agent cautiously approached me on behalf of a wheelchair-bound colleague who had difficulty accessing a shared fax machine.  The worker's teammates had designed a lower shelf configuration using existing interchangeable cubicle materials and identified a new fax machine with controls on the side rather than on top. But since it would cost a few hundred dollars and require several levels of management approval, the proposal languished for months. I approved the plan on the spot. In a final example, I took over a team that spent all day every day marking up documents, yet the manager would allow only two new pens or pencils each week, the distribution of which was tightly controlled.  If you needed another pen during the week, you had to bring one from home!  When my new team told me this I laughed, thinking they were being facetious.  They weren't.  So we dispatched some folks to Staples and they returned with a huge box of pencils and pens and notepads and sticky notes and staple removers and other odds and ends.  Total cost was maybe $500, but the loyalty it created was priceless.

Care about everything. All CEOs rise through the ranks with expertise in some business functions and blind spots in others.  But a CEO has to be fluent in everything, even when there are good lieutenants responsible for the various business functions.  In fact, the greatest risk for a new CEO is to trust too much that the lieutenants have everything under control.  As a new CEO I cared about all that I could manage until I felt comfortable with how things were progressing and with the person in charge.  Until then, despite the hurt feelings and nasty looks I received from my senior managers, I cared about the menu for the holiday party, I cared about the high turnover in the call center, I cared about the aging machinery that frequently led to 3rd shift downtime, I cared about the building sign with the perpetually burned out lights, I cared about the low activity exhibited by our newest salesperson, I cared who was selected to throw out the first pitch on employee night at the local baseball field, I cared to inquire why the vending machine guy had his own key for our supposedly secure facility, and on and on.  Care about too much at first, rather than too little.

Finance is your friend. And your enemy. Without question your CFO or head of finance will be one of your most important allies. You don't have to be best friends, but you do have to have mutual trust. Sooner or later your CFO will gloss over a detail or two, explaining that the result is what matters not the underlying calculation. Or maybe she'll present a forecast with several nested assumptions that can't be readily explained.  Stop her right there and don't proceed until there is full transparency. Corporate finance is challenging. Even with an MBA and a lifetime in business, few new CEOs are readily conversant in every nuance. But you must be a master of your P&L, especially the numbers reported to the parent company, to the board or to the market.  In my own experience, a long-standing President who reported to me took it upon himself to protect me from the messy calculations necessary to produce our monthly financial dashboard, and my repeated attempts to learn more were thwarted. Only during his vacation was I able to scare the finance staff into revealing all of the complicated machinations, only to learn that (a) it wasn't rocket science, and (b) many of the assumptions were flawed.  Yet as CEO my signature and my signature alone was on the SEC filings. Don't leave a stone unturned when it comes to understanding the numbers that matter most.

Manage by sitting down. We all recall the management philosophy "management by walking around," which I quite obviously believe in.  But walking around isn't enough.  Sit down too.  Have lunch in the cafeteria occasionally with people you don't know.  Arrange for periodic informal breakfast sessions with random employees.  Go to the company-sponsored softball game and buy a round of drinks after.  If you have the skills (and whether I do is questionable), don a jersey and play in a game or two -- just don't wait until the playoffs.  Don't worry, few will be bold enough to criticize your performance!  (But if someone does, call on them for honest opinions on other matters too.)  I used to regularly don a headset and listen in on calls in my company's call center. And not the escalated calls that required a senior manager.  Just everyday calls from everyday customers with everyday issues. A half hour now and again is quite an education, and it sends quite a strong message to your staff.  (Incidentally, the TV show "Undercover Boss" effectively demonstrates this philosophy.)

You are not the top salesperson. This might be surprising coming from me, since my background is in sales. I pride myself on being the top salesperson in the room, knowing not only how to understand the client's needs but how to tie these to the benefits of my company's offerings, or knowing when there isn't a tie-in.  I'm good at it.  But there's nothing more disappointing to me than learning I have to be the best salesperson because no one else gets it done.  CEOs should be in the field regularly, far more often than most are.  In some cases it's ceremonial -- trot out the big cheese so the customer will see how important they are.  In many cases it's for someone else's benefit -- such as a sales manager or salesperson who stages a performance with you as the audience.  But as good as you may be, learn how to hire top sales leaders and salespeople and then work to support them from your position as CEO, not as top salesperson-in-chief.

Find a common enemy. One of my former CEOs taught me this lesson.  I was his first appointment on his first day, hours before anyone else arrived at the office.  My division was in trouble and I had made it abundantly clear to him during the interview process and to the corporate parent's CEO who was doing the hiring that my division needed attention.  He listened and within weeks we had a common enemy.  Ours had to do with some internal supply chain issues which were causing significant strife with our key customers, issues I had been railing about to deaf ears internally for some time.  Within weeks our new CEO created a company-wide slogan and an aggressive timetable to fix the issues, along with a public progress meter.  Then he did what I could not do with my peers -- he based a large chunk of the executive team bonus on solving the problems.  I won't go into details, but suffice it to say our battleship was spinning pirouettes in very short order, even though the management team had previously said it couldn't be done.  Your particular enemy may be a competitor, a technology challenge, a new product launch.  Anything that can be made tangible is fair game. Too many CEOs waste this tool on a too-common problem: they want more revenue or they want lower costs, so they try to pull out all the stops to work harder or to do more with less.  This isn't inspiring.  Of course some companies need a kick in the tail.  But if your main contribution as CEO is to suggest everyone work harder, then perhaps you too can work harder to identify something to rally around.

Good ideas may be right in front of you. Years ago our corporate parent hired a consulting firm to drive innovation among the various divisions.  They toured the world asking us for ideas we hadn't thought of, using a formulaic approach to "ideation" (consultant speak for brainstorming).  The main rule was one could not suggest an idea that in some form or another had been suggested previously.  The assumption was that our wise leaders had already discarded these old ideas after careful consideration, and as if to prove the point Exhibit A was the absence of the idea in action.  Trouble is, many of our good ideas had never seen the light of day in the normal course of business, whether due to politics or inept management or distractions.  So these consultants spent millions of our money to collect new ideas when there were thousands of solid ideas readily available if only the right level of management could see them.  As a new CEO, you will be approached by many people with agendas.  Learn how to filter out the noise and the self-promotion and you will absolutely find game-changing ideas already well-formed in the minds of your people who live and breathe these issues all day long.

CEOs learn to eat alone. If you believe in management by walking around (or sitting down) then you really shouldn't eat alone very often.  But you will find that nearly everyone you meet has an agenda for self-promotion.  They nearly always start the same way, praising everyone and everything and then slowly they begin to criticize everyone and everything.  Some are blatant, some are more subtle, but nearly everyone hopes that you'll intervene in their particular problem.  And this is not directed solely at junior staffers -- I'm referring to the executive management team!  If we could harness the energy of the animosity typically found between fellow executives, then we could provide sufficient electricity for the eastern seaboard for several months.  If you befriend one, you make an enemy of another.  If you befriend one of their staff, they begin to harass their staffer. If you let slip some gossip or a dig at a colleague, it will be shared before the day's out.  Sadly, you can be great acquaintances with your staff.  But you can't truly be friends.  For me, playing pickup basketball after hours with the inside sales and mailroom guys was a way to interact as "just one of the guys," once the guys learned I didn't expect to be passed the ball when I didn't deserve it, and it was okay to call fouls on me when I did deserve it.  But for many CEOs, they find companionship in peers at other businesses because as CEO you can never really let down your guard.

You are the CEO of Human Resources. If you haven't read Robert Fulghum's fantastic book "All I Really Need to Know I Learned in Kindergarten" then run, don't walk, to buy a copy.  If you've reached CEO status, then you've spent years in executive management where you learned that much of your day is spent addressing petty squabbles among your staff, including even senior (in rank and age) people.  As CEO, you may be surprised to learn that the only thing that's changed is the titles of the combatants include "Vice" and "Executive" and there is no higher court than you.  Much of your time is spent dealing with H.R. issues that will distract you from the real business at hand, but if left unattended will get out of hand.  But H.R. issues are not all bad.  One primary role of CEO is to find quality talent.  I recall hearing that Jack Welch, the famous (former) head of GE, spent half his time on people management.  As a young manager I found this preposterous.  But as CEO I realized there was almost no action I could take that would have as lasting an effect as finding the right people and eliminating the wrong people.  So as much as you like strategy or operations or sales or finance or IT, get used to H.R.

Value your secretary... from a distance. A good assistant is hard to find.  They combine a talent for time management, logistics, politics, scout leader and mother. Some secretaries come with the office, and they have the advantage of knowing the ins and outs of the organization and how to get things done. Some you bring with you, and they have the advantage of knowing how you operate. Most are quite capable of acting on your behalf, though some go too far and act as if they're second-in-command.  I grew up watching television secretaries like Betty, at Bewitched's McMann & Tate, and I recall thinking that asking your secretary to handle anything but work-related tasks is demeaning, until I met Arleen, my capable assistant of several years, who went out of her way to handle small errands and other minor personal business for me so I could focus on the job at hand. With time being a CEO's most precious commodity, I learned that it's okay on occasion to ask your secretary to handle some personal business, so long as she (or he) is okay with it.  Needless to say, when you spend a lot of time with someone in a work setting it's necessary to maintain certain boundaries. An assistant is a valued employee, not a serf, and not a "companion" in every sense of the word. One of my prior executive secretaries was a paid informant for the parent company's leaders, which was helpful when I needed to "send a message" through back channels but challenging when my every move was recorded and reported. Find what works for you, find someone you can trust and delegate to in verbal and non-verbal ways, and then treat him or her very very well.

Everyone is someone's Assistant Brand Manager. I learned this maxim from a former CEO who rose through the ranks of Proctor & Gamble's well-known executive development program.  In consumer products parlance, an assistant brand manager (or ABM) is the grunt who does all the work while the brand manager gets the glory, the worker bee who keeps things moving behind the scenes. However, even when you reach the CEO suite, the one with the kitchen and the private bathroom and shower (I've had this and it's as cool as it sounds!) and you believe you've finally arrived, it's helpful to remember that you are still answerable to someone. There will come a time when you can't delegate some menial task, when the Board or the parent company CFO comes calling, and you have no choice but to roll up your sleeves, edit that acquisition justification memo, tweak the quarterly earnings PowerPoint, add up the proposed savings in the departmental budget submissions, and so on. No matter how important you are, or how important you think you are, someone will always consider you their go-to person, their assistant brand manager. And you had better be ready to answer the call.

Embrace the We. At times a new CEO, particularly one joining from outside the organization, will slowly ease into using terms like "our business" and "our markets" so as not to offend the insiders. I'm sure we can all dig into our past to recall hearing a new leader use a phrase like "our products" and finding it odd, even offensive, that this person claimed ownership of our output on day one. The reality is that it's healthy to take ownership right away -- of the failures and the successes, of the future and the past, of the team and the offerings. Like a star athlete who joins a new team, displacing the existing captain and becoming the new face of the franchise, a new CEO must take charge because he is in charge. There is no time to waste on blaming the last guy or whine about fixing the last guy's mess. There's only time to focus on our problems, the ones we're facing right now.

Act. When you're in the CEO seat, there's no time to gently ease into anything. Whether you're in a position to strike a sizable deal or a substantial acquisition as Stefan Stern reports, or merely take ownership of existing work streams, Stern is absolutely right:  CEOs who take immediate action are more likely to succeed than those who take their time getting up to speed. It's easy to select a CEO from the existing executive ranks, one who knows the culture, the markets, the products, one who won't disrupt too much while perhaps incrementally improving the business. But CEOs are expected to drive change, and you can't drive substantive, sustainable change if you don't act quickly and boldly.

Focus beyond the bonus. I grew up in Rochester, New York, the headquarters of Eastman Kodak.  My father spent 28 years toiling for the once mighty film manufacturer, which has struggled to adapt in the digital age, and my formative years were spent observing CEO after CEO miss opportunities to drive change.  I firmly believe this resulted from misaligned incentives. How can a CEO make decisions and allocate resources to build a company for the long run when bonuses are meted out based on short-term results? Many CEOs have significant compensation triggers at 3-year intervals, so they focus on short-term performance metrics and too often this omits consideration of long-term, more lucrative investments. It seemed as if no Kodak CEO would choose the long-term health of the business over short-term wealth creation and as a result the business floundered, until finally it lost enough market share and profits that there was no choice but to rebuild for the long-term.

I have similar observations about a former legal technology employer of mine. The CEO has had an unusually long 10-year reign, but he has no 10-year vision. Rather, he's had a series of short-term plans where acquisitions grow the top line and reorganizations improve the bottom line, while the business slowly but inexorably declines.  You can blame the worker bees for only so long, but I find it unconscionable that he's earned millions while the main export of the business is quality alumni.

I have absolutely lost compensation from decisions that helped my organizations in the long-run because it was the right thing to do, when I could just as easily have made a decision that earned me money and helped the business in the short term, but I shouldn't be lauded for that.  As CEO, we're expected to think long-term and it's partially the fault of boards and flawed senior management for creating incentives that emphasize the short-term.  As you ponder your strategy and investment options, try to limit the amount of influence your personal compensation will have on your decisions, and instead focus on whether your decisions will leave a healthy company 5 and 10 and 20 years out.  Obviously you can't ignore the short-term, but trust me, there are plenty of people on your team whose incentives will drive short-term performance.  Try to be the one who thinks differently.

Good luck in your new CEO role, my friend.

 

Timothy B. Corcoran is principal of Corcoran Consulting Group, with offices in New York, Charlottesville, and Sydney, and a global client base. He’s a Trustee and Fellow of the College of Law Practice Management, an American Lawyer Fellow, and a member of the Hall of Fame and past president of the Legal Marketing Association. A former CEO, Tim guides law firm and law department leaders through the profitable disruption of outdated business models. A sought-after speaker and writer, he also authors Corcoran’s Business of Law blog. Tim can be reached at Tim@BringInTim.com and +1.609.557.7311.