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What Makes Smart Lawyers Fail – How to Increase Your Emotional Intelligence and

Your Impact

Stephen E. Roth Dan Harper VP & General Counsel Assistant General Counsel Jewelry Television CTS Corporation LaKeisha Marsh Elizabeth Wall Senior Attorney Founder & President Miller, Canfield, Paddock & Stone, P.L.C. Elizabeth Wall Partners International

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Introduction and Objectives

•  EQ Overview •  EQ & Clients •  EQ in the International Context •  EQ in Unique Situations

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EQ  JEOPARDY    

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Famous Basketball Coaches for 100

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• Pat Riley • Rick Pitino • Phil Jackson • Nick Saban • Don’t ask me! I didn’t know Nick Saban was a football coach.

???????  

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Be  Present  

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Rappers For 100

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• Eminem • Vanilla Ice • Pit Bull • Sean Combs • Don’t ask me! I thought Nick Saban was a rapper.

 ????????  

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 Be  Authen4c  

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Motown Divas for 200

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• Diana Ross • Aretha Franklin • Martha & The Vandellas • Gladys Knight • Don’t ask me! What’s a Motown? And are these people famous?

         ????????  

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R-­‐e-­‐s-­‐p-­‐e-­‐c-­‐t  

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Rappers for 200

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• Iggy Azalea • Queen Latifah • Nicki Minaj • Lauryn Hill • Don’t ask me! I’m looking for my vinyl records. Ask my kids.

     ???????  

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 Fancy  

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 No  empathy  17

THE FINE PRINT

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Emotional Intelligence Basic Elements

Or… the lens through which you consider your interaction with others.

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Emotional Intelligence - Four Elements •  Drawing from the scientific community (and Daniel

Goleman’s model specifically), we look at emotional intelligence as:

•  Self-awareness

•  Self-management

•  Social awareness

•  Relationship Management

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Self •  Self-awareness

–  The ability to read one’s own emotions and recognize their impact while using gut feelings to guide decisions

•  Self-management –  Controlling one’s emotions and impulses and

adapting to changing circumstances

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Others •  Social awareness

–  The ability to sense, understand and react to others’ emotions while comprehending social networks

•  Relationship management –  The ability to inspire, influence and develop while

managing conflict

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One Client/Many Relationships

•  While our client is actually the company, there are a variety of in-house counsel “client” relationships: –  In-house attorneys to business colleagues –  In-house attorneys to superiors within the legal

department –  In-house attorneys partnering with outside counsel

to serve the corporation as a whole

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Trust

•  You are creating an image of YOU and what you stand for in the mind of your audience.

•  Your ability to communicate who you are depends not only on what you say, but the way you say it and nonverbal cues, gestures and other physical clues.

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There are many EI and non-EI components to client service*, including:

Accuracy Judgment

Technical Legal Skills

Professionalism/Ethics

Golden Rule

Accountability Responsiveness/Proactivity

Trust

* We are not concerned with covering every facet of client service but in using it as a lens through which to examine emotional intelligence as it applies to in-house counsel career skills.

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General elements of any client service interaction:

Relationship Assessment

Initial Case Assessment

Assignment

Substantive Lawyering

Communication of Advice

Implementation

Follow Up 26

Case Assessment* #1 Self-awareness: What is my frame of mind at this moment?

#2 Self-management: How do I keep my current state of mind from impacting the discussion or advice I am about to render?

#3 Social awareness: Who is involved in the matter?

#4 Relationship management: Many questions to be examined. * Remember the four elements with which we started this discussion.

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Assignment and Substantive Lawyering #1 Self-awareness: Am I giving the matter the attention or resources

(i.e. depth) that it deserves?

#2 Self-management: Am I exerting pressure on others appropriate to the project, timeline and budget rather than based on my own feelings?

#3 Social awareness: What message am I sending to colleagues or an opponent by my case assignment or strategy?

#4 Relationship management: Many questions to be examined.

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Communication of Advice / Implementation and

Follow-Up #1 Self-awareness: How do I feel about the advice or conclusion?

#2 Self-management: Am I communicating in a way that is appropriate for the matter at hand? Have all the decision makers and stakeholders been identified and received communication?

#3 Social awareness: How does the action impact various people?

#4 Relationship management: Who should hear the advice/know the result first?

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Simple Tips – EI Maintenance Ø  Learn the business – go into the field, factory, etc. to better understand others’

experience, invite outside counsel into your offices to let them learn

Ø  Build relationships – take business people to lunch, accept law firm invitations to events, give referrals and compliments, etc.

Ø  Learn business skills – reading financial statements, how business people make presentations, etc. to better see things from their perspective

Ø  Seek out leadership opportunities either within the office or through volunteer activities (like ACC!) and use them to hone management skills

Ø  Ask for feedback and be certain to accept it with a positive attitude and determination to develop

Ø  Keep a fresh perspective by staying curious, trying new things, seeking out other ideas and getting advice from varied sources

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The smart and successful lawyer

•  Represents the organization in a way that supports –  Sustained economic growth –  Balanced risk taking and risk management –  Integrity – letter and spirit of the rules

•  High performance + high integrity = satisfied shareholders, employees, creditors, customers, suppliers, regulators

Emotional intelligence can help you get there! 31

Emotional Intelligence An International Perspective

By

Elizabeth Wall Esq.

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•  EQ Savvy for International Travel “Novices”

•  Some EQ Considerations for Global Companies •  International EQ and Global Employers / Would-be Employees

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Setting the Scene: •  Email + Skype + Social Media = Parallel Universe

•  Giving the mis-leading impression that the global business community all “speak the same language”

•  Important culture, behaviour and customs are NOT INTUITIVE

•  One size does not fit all!

•  Be Proactive

•  Prepare in advance

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•  Enhance your EQ Skills

•  Develop your own personal radar or “sixth sense”

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EQ Savvy for International Travel “Novices”

“You only get one chance to make a good first impression” Elizabeth Wall, Founder President, EWPI.

•  When travelling on business, you represent your company…… and your

home country.

•  You disregard different countries’ customs and culture at your peril!

•  Behaviour protocols in different countries in the same geographical “region” are as different as the languages spoken in each country in question:

e.g. China, Korea, Japan, which are often referred to as “Asia” e.g. Russia, Tajikistan, Moldova, Kazakhstan, etc. which are all “CIS”

•  Check each country individually 36

Plan Ahead

•  Tap into all available resources - work colleagues, contacts, local outside counsel, etc.

•  Gather as much information as you can about your destination, local customs and protocols.

•  Research the gift protocols ahead of time - take appropriate company gifts just in case.

•  Pack appropriate attire for business and social occasions.

•  Plan meetings and other contacts well ahead of time; check meeting times and venues.

•  See the Recommended Reading List slides for topical guidance.

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Business Protocols and Negotiating Savvy

•  Be prepared for very different protocols and negotiating tactics in

different countries e.g. when negotiating, keep one or two key points in reserve in case the other party suddenly demands last minute concessions from you.

•  Receive and handle business cards with due respect (Japan). •  Be aware there may be different behaviour protocols for business and

“business social” occasions.

•  Anticipate and prepare for all eventualities!

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When in Country

•  Ensure contacts’ names and titles are correctly spelled in communications and, if possible, check on pronunciation.

•  Address people according to their status and by their full name.

•  Avoid using first or nicknames unless you are invited to do so. •  Use appropriate “body language” and appropriate manner of greeting in

each country.

•  Arrive at the meeting venue at the appointed time, not too early or too late. Check journey times!

•  If in doubt, dress conservatively.

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See www.paulekman.com for facial expressions test. Image: Paul Ekman Group

Non-Verbal Communication

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•  Body language and facial expressions may convey very different reactions and emotions in different cultures and countries.

•  Reading other people’s non-verbal communications is one thing - but certain of our own non-verbal communications may cause offence:

E.g.: Thailand – pointing feet Middle East – right hand only

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Business Culture-Shocks

In addition to any FCPA concerns - beware of local behavioural traits and attitudes…

For example:

•  deeply ingrained attitudes - chauvinism, gender or other diversity issues •  lawyering styles inconsistent with professional behaviour •  strictly hierarchical corporate cultures deeply embedded within local

subsidiaries e.g. only the most senior executive can and will speak for the local business (being immune to challenges from within his “troops”)

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More examples: •  a sustained culture of applying peer pressure across the workforce to ensure the

entire community consistently circumvents company policy

•  local resistance to your efforts to influence and persuade the workforce to conform with overall Group protocols

Cultivate strong relationships amongst colleagues and superiors to avoid being isolated in a challenging environment without support.

Business Culture-Shocks (Cont’d)

International EQ and Global Employers

A candidate’s EQ characteristics are at least as important as their IQ and personality traits. And that is even before we add the challenges of religious diversity and/or political leanings into the mix! Look for candidates who: •  demonstrate characteristics and skills specific to the international environment

as well as the role itself;

•  can demonstrate their ability to address challenges in cross-cultural environments;

•  will enhance the effectiveness of their multinational team(s);

•  are “Board ready” in terms of maturity and “presence” for a multicultural environment. 44

From a Candidate’s Perspective

•  Your full range of skills and experience including EQ savvy, languages, “political awareness”, ethical behaviour and previous overseas work experience are as important in a cross-cultural corporate environment as your basic Meyers Briggs Type Indicator (MBTI) profile.

•  Be prepared during interviews to describe scenarios, particularly those in challenging situations, where you have used your cross-cultural EQ skills.

•  Prepare questions for the interviewers on the extent of international/cross cultural exposure in the role and what potential challenges this may pose.

•  Use your resume/LinkedIn profile to maximise your chances for international opportunities by describing your multinational experience in the context of your EQ skills.

•  Always be authentic. 45

Food for Thought…

“Students who learn through textbooks lack a particular kind of experience that can only ever be gained by testing those principles out in the big, wide, world. Those who play it by the book are fine as long as the book doesn’t let them down and as long as it carefully lists every eventuality. But the book of life is constantly rewriting itself. No amount of theoretical understanding will bring the right answer. For that, you need experience.”

So Ladies and Gentlemen, pack your bags and hit the road! 46

Recommended Reading for Wannabe Seasoned Road Warriors!

In Print:

•  Kiss, Bow, or Shake Hands - doing business in more than 60 countries, by Terri Morrison and Wayne A. Conaway

See also: - Kiss, Bow or Shake Hands in Latin America - Kiss, Bow or Shake Hands in Asia •  When Cultures Collide, by Richard D. Lewis

•  When Teams Collide, by Richard D. Lewis

•  Riding the Waves of Culture – Understanding Diversity in Global Business, by Fons Trompnaars & Charles Hampden-Turner, Updated 3rd Edition.

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Online Articles:

•  Are There Universal Facial Expressions? by Paul Ekman

•  Global Leadership Success Through Emotional and Cultural Intelligences by Ilan Alon & James M. Higgins

•  Cultural Intelligence - Working Successfully With Diverse Groups from MindTools.com

•  Beyond General Intelligence (IQ) and Emotional Intelligence (EQ): The Role of Cultural Intelligence (CQ) on Cross-Border Leadership Effectiveness

by Thomas Rockstuhl, Stefan Seiler, Soon Ang, Linn Van Dyne, Hubert Annen

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I bet you can’t guess……. In which country will you be warmly welcomed by an

individual who sticks out his or her tongue at you?

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You guessed it……

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Emotional Intelligence

in Unique Situations

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Bet You Won’t Forget… Constructs of Emotional Intelligence •  Self Awareness – The ability to read one’s own

emotions and recognize their impact while using gut feelings to guide decisions.

•  Self-Management – Controlling one’s emotions and impulses and adapting to changing circumstances.

•  Social Awareness – The ability to sense, understand and react to others’ emotions while comprehending social networks.

•  Relationship Management – The ability to inspire, influence and develop while managing conflict.

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This Thing Called Emotional Intelligence

•  Emotional intelligence involves understanding your emotions and the emotions of the people around you.

•  Emotional intelligence has to do with a person’s ability to recognize, understand, and manage his or her own emotions and the emotions of others.

•  Emotional intelligence in the day-to-day affairs of me……..

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Student Experience in a Foreign Country

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Faculty you have been named…in a Lawsuit

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Student Discipline & the Psychologists

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The Board Member

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The Bomb Threat

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Managing Emotions in the Workplace •  Know your work style. Determine whether certain people bother you

or whether you generally just want to work alone. •  Know your feelings. Decide whether you prefer to work with some

people and not others. Structure your time to get more control over when you have to work with people you have negative feelings about.

•  Pick a time of day. See whether you're more open to dealing with others at a particular time of day.

•  Choose a place. Decide whether you're more comfortable working with others in a particular place.

•  Plan ahead. Plan your interactions in advance so that you can structure them and control the time.

•  Keep it short. Set the amount of time for your interactions in advance and try to stick to it.

•  Be professional. Be pleasant, even you if you don’t like the person you have to deal with.

According to Emotional Intelligence for Dummies 59

Pulling It All Together As In-House Counsel and Lawyers in general, we should focus on:

•  Managing his or her own impulses •  Communicate with others effectively •  Manage change well •  Solve problems •  Use humor to build rapport in tense situations

We master these, we are on our way to being EMOTIONALLY INTELLIGENT!!

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QUESTIONS?

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