New Century Lawyer Leadership as Reflected by the Continued MDP Debate

By Dr. Thomas J. Venardos

Changing of Lawyer Mindset

As we enter into the twenty-first century many lawyers are looking for new solutions to old problems.  They are making use of their creative minds and looking at other effective legal models to develop novel approaches to current complex problems.  The old approaches do not always offer adequate solutions in today’s world.  For example, lawyers working with single clients is a very limited approach, versus lawyers working with several other professionals on a professional client’s team (MDP).  This suggests two things--that the client will be exposed to expanded services, and the lawyers networking system will be increased.  Another example is that of lawyers taking an adversarial role rather than building a collaborative relationship in order to find more possible solutions to the client’s problems while building professional bridges.  Finally lawyers attempt to convince others by the use of argumentation rather than listening to viable ideas and suggestions from other professionals that can result in real solutions and concrete results.

Creative Leadership at Work

By proposing MDPs, lawyers are using a creative leadership style that is giving them credibility.  Below is a set of criteria for comparing how MDPs provide this new century leadership.

• The vision is holistic client services.
• The strategic plan is:  Professionals working together for a common goal.
• The decision making process is participative: Listening to other’s ideas and suggestions.
• The responsibility is delegated: Putting trust in other professionals to assist in solving client problems.
• The professional team is self-managed: Using a collaborative team approach to develop the best solution for the client.
• The client benefits are: More comprehensive services to help solve complex problems

Modifying Ethical Rules

Lawyers have ethics to follow like any other professional group.  The question is whether they will modify the current ethics to meet the necessary changes for the MDP.  Since ethical principles are somewhat static, but situations change, it will be interesting to see what kind of modifications are made. 

Other professional groups are required to modify their ethical standards because of new and different problems facing them.  They encounter issues that come about as a result of technological and scientific advancements.  They also encounter changes related to new individual and social norms.  Every profession faces ethical concerns related to freedom of speech issues and how this relates to client confidentiality.   Therefore, it appears that if professionals do not respond to these changes in a timely manner they will not have responsible solutions in place to address these critical problems.

Using a New Vocabulary: Working 24/7

Lawyers are noted for working more than eight hours per day.  They also work on weekends and holidays.  They are known to live a fast professional pace.  Schedules and deadlines drive their lives.  They need to stay one step ahead of their competition.  They anticipate what their opposition is going to do.  They have to plan for their client.  They tend to keep their staff accountable and responsive.  Finally, they have to meet the changes and challenges of society in which they live.  These all represent the professional 24/7 lifestyle of many lawyers.

Business to Business (B2B) Activities

B2B relationships are being redefined by technology and by professional groups around the globe.  B2B is collaboration at its highest form of problem solving.  It basically refers to two or more companies working together for the benefit of a specific outcome. 

B2B certainly extends to professional relationships where one professional works with another in the best interest of the client.  For example, medical doctors work hand in hand with psychologists for specific client outcomes.  Accountants work with bank managers to achieve certain outcomes for their clients.  The list goes on and on.  These professionals realize that they are in need of solutions that go beyond their own area of expertise.  One of the main ethical principles for every professional is that of not practicing beyond their area of expertise, so it becomes necessary to refer to others. 

MDPs certainly fit the requirement of using other professionals.  Since the client comes first, professionals needs to look outside their area of expertise to help solve the client’s problem.  In these changing times where society presents us with very complex issues, we need every credible idea available to us to solve these problems. 

To fulfill a B2B or MDP relationship it requires a sound strategic plan of action, a common set or overlapping ethical standards, training and education for the professionals involved, and a new set of professional outcomes and results that will benefit the client.

New Leadership Skills

There are many new skills that will be required from lawyers to make an MDP successful.  Some of these are common sense skills, while others will have to be acquired through the learning process.

Below is a short list of some of the leadership skills needed:

• use PR terms to explain the MDP concept to lawyers and other professional groups
• use effective professional language to work with other colleagues
• provide ethical standards training regarding any new modifications to these standards
• coordinate the use of technology applications in the business world
• be an information officer who disseminates accurate, current information and data for lawyers and others to use in their practices
• use coaching and mentoring techniques to assist lawyers and others in dealing with difficult clients
• be an organizational strategist to assist law firms who want to use the MDPs successfully

A World Not Yet Created

All of us know this is not a perfect world.  Our world is flawed with illogical thinking, favoritism, greed, abuse of power, and blame.  But, this does not mean that we cannot offer hope by improving the world we live in.  This can usually be accomplished by using innovative ideas, improved professional relationships, collaborative efforts, and high expectations.     

Creating a better world takes time.  It requires correcting some of the mistakes made in the past.   We must learn to motivate ourselves and others so that we can find the energy to make such changes.  We must have a master plan for our actions and educate and train others in these approaches to fulfill our plans.

How to Prepare for Making MDPs a Reality

Some lawyers already have professional relationships with others.  Many lawyers are ready to start.  Below are some suggestions for those who would like to further develop their cooperative efforts.

Begin meeting other professionals, like medical doctors, accountants, psychologists, social workers, therapists, financial planners, real estate agents, school administrators, nurses, and pharmacists to better acquaint yourself with them and their profession.

1. Learn about other professional styles and how they provide services to their clients.
2. Learn about other professional codes of ethics and compare them to lawyer’s ethics.
3. Teach others about the law profession and how it works.
4. Teach others about your ethical code and how it is different and similar.
5. Learn collaborative strategies: listening skills, points of agreement, being issue and client oriented, solving complex human problems with multiple input from others.
6. Learn to identify client problems: psychological (depression, anger management issues, serious mental disorders, sociopathic tendencies); monetary (budgeting issues, tax assistance, bankruptcy, retirement planning, child support); social (abuse, effective child rearing techniques, work related problems, disabilities, school and education issues); medical (mild to moderate medical problems which include heart, lung, cancer, medication issues).

Developing Your Own Professional Growth Areas

If you believe in and understand the concept of life-long learning then you will also need to learn where your professional growth areas are.  These usually include professional skills not learned in college because they are new to the realm of the profession and professional.  If you are going to be involved with other professionals you will need to learn how to communicate effectively with them when you speak about the client.  You will also need to become more effective at developing computer skills and using the Internet for communication purposes.  Another area of concern is that of learning how to socialize with others by getting out of your comfort zone.  Other professionals feel just as uncomfortable as you do.  Finally, you will need to improve your client relationship skills.  Working with difficult clients and diverse populations can be very uncomfortable.  This means that you will need to learn new kinds of interviewing skills, empathetic communication leads, personal exposure statements, and different questioning techniques. 

Increase Your Productivity and Efficiency When Working on MDPs

Those of us who use computers, fax machines, and mobile phones understand why modern technology produces productivity and efficiency in our everyday work. Technology improves our capability to do more work in less time. 

Using the computer for maximum output is essential.  You can use word processing for reports, notes, and letters.  You can now type them or use voice activated software. You can instantly e-mail files to others.  You can do research on the Web.  You can make charts and graphs for presentations.  You can also do video conferencing with the right equipment.

There is software for billing and accounting purposes.  You are able to schedule your appointments on your computer.  You are able to keep track of client contacts and billable hours.  With fax machines you are able to send and receive forms, reports, and letters.  Your answering machine can pick up messages twenty-four hours a day.

All this technology can be incorporated in the MDP process and facilitate professional/client relationships while increasing productivity and increasing the personal touch.  On the technological horizon you may be able to use video cams for depositions, use a your cellular phone to get e-mail, and use your television to surf the Web and read your e-mail. 

High Performing Professionals Can Overcome Resistance to Collaboration

Did you ever notice that highly functional professionals have problems getting along and cooperating with each other?  This is a real dilemma because they need each other to get results and find solutions for their client, yet they cannot agree on how to accomplish this.

We know in some cases that it is the big ego that interferes with the process.  In other cases it is lack of trust that prevails.  Still in other cases it is a matter of wanting to do it yourself without interference from others.  But the major underlying reason appears to be that professionals do not want to take the time or energy to deal with each other.

In order to overcome these problems lawyers and others will have to establish their priorities, follow a common set of ethical principles and realize that the client and their concerns come first.  Collaboration and agreement will follow.

If we realize that being of service to others is the main goal of all professionals, then we can achieve it by creating a system, like the MDP, that will meet the client’s needs rather than ours.  We will have found and possibly adopted one solution in this new twenty-first century.      

Dr. Thomas J. Venardos is an adjunct management consultant with Olmstead & Associates, Legal Management Consultants, St. Louis, MO, and President of Venardos Management Group, Organizational Performance Consultants, located in Albuquerque, NM.  Dr. Venardos may be contacted by e-mail at tvenardos@olmsteadassoc.com.

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