Cultivating the habit of optimism

Holiday (a week reminding myself why living in the South West is so much better than simply visiting it, although narrow lanes south of Padstow when the lifeboat is on a shout make for interesting driving) and transactions (yes, they are still happening – just) have left little to time to post; a late summer lull and a transaction gone away are prompts to return.

A phrase I read recently, and have been shameless in using since, is “the habit of optimism”. In the current position a lot of us find ourselves in, it is useful to remember things may not be bad as they seem, and even if they are, it doesn’t always do to say so (and it is not just about talking ourselves into recession: a concept that I do not subscribe to).

In my post Spending time wisely in early July, I picked up on some of the steps that we can take in our practices to see us through the slowdown, whether it be long or short, and in particular to those identified by Nick Jarrett-Kerr of Kerma Partners, in his article in Kerma Partners Quarterly 2/08.

Nick, when looking at ‘where partners should be spending their time during a market turndown’ sees motivating and developing people as a critical task. I could not agree more. For most lawyers, this is their first experience of a down turn in the legal services market. There are few days when the legal press doesn’t carry a story about lay offs and redundancies, and ‘on the floor’ it is obvious that there is less work around. Inevitably this may have a demoralising impact on people; even if they are not directly affected, they will know people who are. The old certainties are longer be there.

Optimism is important: one of the panel at a recent Exeter Business Leaders Forum, having first reminded us that the current economic turbulence was the fourth time down turn he had experienced, told us that one of the main lessons he had learned  is that, even in a down turn, when you get up in the morning, the sun is still shining, people are still going to work, things are still being built, goods are still being sold. Certainly times are harder, and life is more difficult, but this is what happens.

Optimism is not blind hope that everything will be all right; rather it is knowing not just that there is a way forward, but what it is and what it will take to get there. This is a message that needs to be got across to the people who work for us.

The BlackBerry bites back

An interesting string of comments to the article in Legal Week about Links asking its partners and associates to take a BlackBerry break, which I commented on in BlackBerry as fig leaf earlier in the week.

A selection will give you a flavour:

I have to say that in this day and age, Blackberries are a must have for the providers of legal services. Stay ahead of the game! As I said yesterday, I will be taking my Blackberry everywhere with me whilst on holiday in sunny southern Europe. If you need me, you will find me sitting under water in the deep end of the swimming pool happily answering clients’ emailed enquires. Mark my words. A Clerk

I hadn’t heard about it either but spoke to one of the partners and they said it came in about a month ago. Not that it’s going to make any difference as you still have to have your mobile phone on! Anonymous

Since when? I work at Linklaters and have never heard of this new policy! Anonymous

I think it’s more to do with the costs associated with everyone checking their personal e-mails, Facebook account and surfing the web whilst abroad – I’m sure that’s not cheap to fund in these ‘credit-crunching’ times! Anonymous

Or possibly just posting comments on the Legal Week site!

Overstuffed inboxes (or Law and technology 2)

The second article that caught my eye in Wired this month was Clive Thompson’s The Great American Timesuck. The article was singing the praises of AI-equipped email monitors like Xobni and ClearContext (which somehow I don’t think my IT manager would like, although he will be spared my trying to download either as we run on a thin-client system).

What caught my eye were the following paragraphs,

Artificial intelligence in the service of life-hacking: It’s the future of email.

And God knows we need a better future for email, because the present is intolerable. This once-miraculous productivity tool has metastasized into one of the biggest timesucks in American life. Studies show that there are 77 billion corporate email messages sent every day, worldwide. By 2012, that number is expected to more than double. The Radicati Group calculates that we already spend nearly a fifth of our day dealing with these messages; imagine a few years down the road, when it takes up 40 percentof our time. “It’s madness,” says Merlin Mann, who runs 43Folders.com, a leading productivity blog. “We’re all desperately trying to figure out how to cut stuff so we can get through the day, and it just gets harder and harder.” (Mann advocates dealing with incoming messages immediately so your inbox is always empty. Me [Thompson], I’ve got 12,802 messages in there right now.)

Why has email spun so badly out of control? Because it’s asymmetric — incredibly easy to send but often devilishly burdensome to receive.

For lawyers, where email is the preferred mode of communication, the above is all too true, and we are all having to deal with the problem of overstuffed inboxes.

Law and technology 1

The first of two interesting facts in the July copy of Wired.

From John Bringardner, Winning the lawsuit, in which he notes that ‘in the US a pretrial discovery request today can generate nearly 10,000 times more paper than 10 years ago’,

So how has this evidentiary deluge changed the practice of law? Consider that five years ago, newly minted corporate litigators spent much of their time digging through warehouses full of paper documents. Today they’re back at their desks, sorting through PDFs, emails, and memos on their double monitors – aided by semantic search technologies that scan for key-words and phrases. In another five years, don’t be surprised to find juries chuckling over a plaintiff’s incriminating IMs, voice messages, video conferences, and Twitters.

I see it coming sooner.