Happiness strategy: How to win the competition for legal talent

 

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Three things you will learn from this Masterclass

1. Why running a ‘happy ship’ leads to high performance working and better talent retention

2. How happiness at work is a by-product of many different workplace feel-good drivers

3. What leaders can do to enhance workplace happiness; sometimes even small things can reap significant rewards

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Although happiness may be one of the most basic of all emotions, it is only comparatively recently that its powerful impact on both performance and well-being has come into the spotlight in the business world. It sounds soft, but the realities are very hard-edged in a commercial world striving for competitive advantage.

A recent Managing Partner survey on talent management trends found that greater competition for legal talent will have the biggest impact on law firms in the current year.¹ With workplace happiness a key factor in recruitment and retention, now is the time to develop a strategic happiness programme that focuses on improving your firm's appeal.

There is also a large body of research linking happiness with productivity and other performance metrics, which in turn result in higher revenues for the firm.

For example, a meta-analysis² in 2005 showed that happy employees (characteristically more motivated and engaged) had an average 31 per cent higher level of productivity. They also had significantly higher sales success (which is interesting given how challenging many lawyers find selling their services).

Research has also found that positive emotions (and the consequences of the associated chemicals released in the body) improve cognitive functions ranging from information processing to creativity. They enhance health too (and therefore reduce sickness absence), with beneficial effects on cardiovascular function, immune function and longevity.

Although these claims clearly need to be evaluated on a case-by-case basis, the statistics provide a strong platform for treating happiness as an important dynamic in managing colleagues.

We're all acutely aware of the negative impact of excessive workplace stress in terms of health and performance. But, forward-thinking firms are realising that it is time to broaden their agenda. Rather than limiting their focus to stress management, they are beginning to embrace happiness at a strategic level. So, how can you bring a happiness strategy alive in an environment as pressurised as a law firm?

 

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Reasons to have a happiness strategy at your law firm

• Enhanced firmwide productivity and performance

• Improved talent recruitment and retention

• Greater creativity and innovation at all levels

• Better teamwork and collaboration across the firm

• More discretionary effort internally and for clients

• Higher positive advocacy for the firm and receptiveness to organisational change

• More healthy and resilient colleagues, with lower absenteeism

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Strategic programme

Clearly, nobody will be happy all the time. There may also be scenarios where being overly happy could start to impair risk analysis and decision making. But, the focus here is on promoting a workplace where emotions are predominantly positive. Precisely what this looks like will vary from one firm to another. But, the following interrelated drivers (see Figure 1) all come into play:

C - The Culture of the firm

H - Those at the Helm of the business

E - The Ergonomics of the organisation

E - The core of the Enterprise

R - The Returns for working at the firm

 

1. Culture

People generally thrive in environments that provide strong, supportive relationships. A collegial feel is often apparent in firms with a high retention of trainees who have progressed to partner level. However, as firms grow in size (especially by merger rather than organic growth), the bonds within their networks can become patchy.

Creating a culture of positive relationships can be challenging. But, there are steps firms can take, for example:

• Create a 'who's who' on the intranet (including every single member of the firm and their photo). Let people write their own entries and include one non-work 'interesting fact'. New joiners could be 'featured' with a 'click here' button for anyone wishing to send
  a welcome note.

• If not in an open-plan environment, encourage people to keep their office doors open as the norm.

• Create office space (whether a cafeteria or just a room with a comfortable seating area) for people to meet informally at lunchtime or other
  break periods.

• Bring people together through interdepartmental work projects (e.g. client and sector teams, training initiatives), charity-raising endeavours and sports events.

• Use the social budget across the year (with occasional low-cost team outings) rather than blowing it all on an expensive Christmas event. Relationships (vertical as well as horizontal) deepen with each
  shared experience.

Team meetings are a key opportunity to build relationships. Clearly, not all meetings can offer time for social bonding. Some businesses are starting to encourage 'standing meetings', which keep everyone focused and to the point. But, even when deadlines loom, there are usually five minutes at the start or end of a meeting that could be used to discuss something lighter.

In fact, the times when the pressure is on and you are asking your juniors to go the extra mile are exactly the times when the sense of being part of a team becomes so important. Some partners go further and build in scheduled events at the beginning of timetabled weekly catch-ups to lift the mood. For example, 'trivial factoid of the week' or 'quote of the week' competitions take a few moments but can increase the level of connection and raise a smile.

Smiling is very important. In the 1980s, Dr Robert B. Zajonc explored the changes that occur when we simply pull back the corners of our mouths.³ The evidence showed that, even if we do this mechanistically - such as by saying 'eeeeee' - there is an impact on our mood. Subsequent research has also shown that we have a built-in subconscious reflex that makes us respond to a smile with a smile.⁴ In other words, smiling is infectious.

A collegial culture can also prompt colleagues to volunteer support and assistance when needed. Studies show that consciously doing a good deed (perhaps offering to stay late to help a colleague meet a deadline) is not only welcome from the recipient's perspective, but also makes the doer feel good too.⁴ In addition, research has found that simply performing a gratuitous altruistic act can increase immunoglobulins in the bloodstream by around 30 per cent.⁵ Showing genuine gratitude (and giving public praise for this assistance) has a similar dual impact.⁴

2. Helm

People generally feel happier when they have an upbeat mindset and will often take their cue from the top. For instance, the 'pygmalion effect' suggests that, when leaders truly believe in their team's capability, the team will sense that trust in them (it feels good), which will contribute to the achievement of their potential.

In a similar vein, we know that lawyers are trained to spot problems and are often perfectionists. Whilst valuable in many respects, these attributes can lead stressed lawyers to negative self-talk and 'glass half empty' thinking - not the ideal frame of mind when going into a client pitch.

Sometimes our perceptions hold us back or bring us down. So, the firm's leaders need to adopt a style of interaction and a vocabulary which promotes affirming, constructive and optimistic thinking (see Figure 2: Leadership communication tips).

More generally, junior colleagues will be happier and more likely to give their
best when they trust, respect and like
those up the chain. Similarly, they will
have more emotional reserves in the face
of management decisions and situations
which are unpalatable, as is inevitable from time to time (See Figure 3: What are your people saying?)

Building trust

• Ensure clarity as to what people can fairly expect from the firm and do what you say you are going to do. If, down the line, expectations cannot be met, be open and honest, explaining why. Remember that expectations may not be contractual, but letting people down will generate unhappiness.

• Be particularly careful with bonuses. Don't allow a one-off bonus this year to become an expectation for next year - manage expectations at the outset.

• Be loyal to members of your team and be their champion.

Earning respect

• Timely communication, consultation and listening are key to earning respect (especially when change is afoot).

• Expect high performance, but be fair and supportive.

• Recognise a job well done and show appreciation in a timely manner.

• Be accessible, approachable and open to feedback.

Being liked

• Take a few moments to ask about your colleagues' personal lives. There are many extremely time-efficient individuals who invest a few minutes each week to walk around the office and exchange pleasantries. Although counterintuitive in a timesheet culture, these exchanges can grow rapid emotional dividends.

• If you have a poor memory about colleagues' personal lives, write down a few prompts. The value of remembering where your trainee is going on holiday or the fact that his cat died cannot be underestimated.

3. Ergonomics

Ergonomics is not just about the position of your chair or height of your desk. In its broader use, it addresses the design of workplaces and work systems for comfort, efficiency, safety and productivity. As such, it is a key driver of happiness at work.

• Promote individual efficiency. There are arguments for and against both open plan and shared offices; either way, people need to be able to work undisturbed. Constant interruptions undermine time management and make people unhappy. Being assertive is not always easy (especially for junior colleagues). We can be stuck between the desire to be approachable and the need to be unapproached. So, it pays to introduce ways for people to indicate when their metaphorical doors are shut (such as through a flag system). Consider also time zones of accessibility and designated quiet working areas.

• Promote healthy living. The firm should also help people to feel good physically. Drinking water should never be too far away; consider also having fruit and healthy snacks available. Some larger firms have exercise facilities, while others have discount deals with nearby gyms. Even installing showers and bike racks can help.
  Also, consider introducing walking meetings. This concept dates back to Socrates, but is now gaining traction in many firms. A walking meeting produces very different dynamics to
  a standing or sitting meeting. As
  well as getting people moving (and therefore diffusing the build-up of some stress chemicals), it increases creative and innovative thinking and provides a less confrontational
  setting should something more difficult (like a feedback discussion) be on the agenda.

• Promote different working patterns. Many people today are happier if their working hours can be more flexible. Consider how the office environment and IT systems can embrace, for example, home working at agreed times or working different hours.

• Promote a positive mood.
  Periodic injections of positive emotions can help people to regain focus, concentration and even creativity at stressful times. Consider offering access to short and fun downtime activities. Depending on the firm's size and budget, this could be as simple as providing a chessboard
  and a pack of cards in the coffee room. Some firms might provide a ping-pong table, snooker table or piano in the basement.

4. Enterprise

Studies show that a sense of being part of something meaningful is central to happiness at work.⁶ But, when asked 'what is your role in this firm?', many would focus on the activities they perform, rather than the bigger picture of the value they deliver. Some look to their involvement in the firm's pro-bono initiatives, work in the community or other charitable activities to derive meaning
and achievement. But, ideally there should be a feel-good factor from their day job.

The firm's senior management team (and indeed all the partners) can make a significant difference here by sharing and nurturing passion around the firm's vision, goals and brand values, enabling colleagues to feel part of the firm's mission in relation to its clients, staff
and causes.

Regular office-wide presentations and Q&A sessions give colleagues an opportunity to appreciate the firm's raison-d'etre, to identify with it and to recognise how they play their part in it. Guest speakers (perhaps actual clients) can enhance these presentations and help to illustrate the firm's value proposition in the wider context. This will be particularly appreciated by colleagues in the business support teams, who are at risk of having a 'back office' or 'we're not a proper part of this' mentality.

5. Returns

Financial rewards are important in talent retention, but there is much more to consider. There is much talk today about high performance working; this is a term that needs careful handling. Cynics may treat the language as code for 'we want our people to work harder and to a higher standard for the same pay'. But, the true proposition can be positioned far more positively (see Figure 4: Win-win high performance working).

It's a win win. If the firm wants to see high performance (as opposed to just more performance), it needs to invest in its people. This entails regular dialogue with each member of staff (not just an annual reckoning) to discuss goals, development, performance and progression.

And, let them take the lead. A feedback conversation, for example, is likely to be more constructive and less defensive if you let junior colleagues explore their own performance, rather than just telling them 'how it is'.

Time constraints and work pressures will do their utmost to prevent these discussions from happening. But the returns for staff are a major feel-good driver and this, in turn, relates back to performance and retention.

Journey together

If your firm has recently surveyed your people, you know how they are feeling. If not, it's a worthwhile exercise (rather than leaving it to the exit interviews). It will enable you to gauge not only whether they are happy, but also which particular issues are having an impact on their happiness levels.

Alongside that, you should
establish a dashboard of metrics (as well as a log of more anecdotal evidence) to measure how increased happiness is positively correlated with enhanced performance at your firm. This can be used to inform future recruitment and retention initiatives.

Things can't change overnight and the firm needs all of its partners on board.
But, even seemingly small actions can make a difference, so the time/cost benefit analysis should be positive. We all know that unhappiness spreads. But, happiness can also be contagious and the CHEER model offers a framework to help leaders achieve this result.

Colin Dworkin is a former corporate lawyer and now business psychology consultant at Talaspect Talent Development (https://talaspect.com). Dr Karen Lindall is a senior doctor at Roodlane Medical (www.roodlane.co.uk) and a consultant at Talaspect.Endnotes

Endnotes

1. See 'Striving for success: Talent management for law firms in the recovery', Manju Manglani, Managing Partner, Vol.16 Issue 9, June 2014

2. See 'The Benefits of Frequent Positive Affect: Does Happiness Lead to Success?' Sonja Lyubomirsky et al, Psychological Bulletin, Vol.131 No.6, 803-855, 2005

3. See 'Emotion and Facial Efference: A Theory Reclaimed', Robert.B. Zajonc, Science, Vol.228 No.4695, 5 April 1985

4. See The Happiness Advantage: The Seven Principles of Positive Psychology That Fuel Success and Performance at Work, Shawn Achor, Virgin Books, 2011

5. See 'Reality TV gets positive: Psychological reflections on Making Australia Happy', Anthony Grant, International Coaching Psychology Review, Vol.6 No.2, September 2011

6. See Flourish: A New Understanding of Happiness and Well-Being - and How to Achieve Them, Martin Seligman, Nicholas Brealey Publishing, 2011

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