Are Today's Partners The NFL Players Of the 1960s?

As the memory of a nail-biting Super Bowl game recedes, we can reflect on a combination of talent, skill development and performance by players that could not be touched by teams of the 1960s and 1970s. They are not just bigger and faster. They are more completely developed, in every attribute that might contribute to performance success. James Surowiecki, in an article in The New Yorker (Better All the Time, Nov. 10, 2014), examines the impact of skill development across several sports and notes that “Today in sports, what you are is what you make yourself into. Innate athletic ability matters, but it's taken to be the base from which you have to ascend.”

In contrast, despite the shakeups in the legal industry, the exiting of partners, and increased competitiveness, can we say that law firm partners are using all the tools that might make them fully developed? Or will we look back at most firms of today and conclude that the star players were like the NFL players of yesteryear?

It's All About Performance

In the NFL, science, data, competition and coaching have driven the significant performance changes we see today. Teams have taken significantly larger revenues and invested in sports medicine, sleep and diet studies, position coaching, year-round training, injury recovery science and individualized performance data. In the 1960s, weight-lifting was scorned because it might make players “muscle bound.” Broadway Joe Namath boasted of his ability to play well on Sunday after a night of partying. A typical team had four part-time coaches; players worked at off-season jobs and used training camp and pre-season games to “play into shape.” Today, a team has 15 assistant coaches covering all positions, a large training staff, and data crunchers for every aspect of the game. Quarterbacks talk openly about having to improve their “mechanics and footwork.”

“Whatever it takes” now means not just “heart,” but all the data and skill development resources that might improve individual and team performance.

Law Firm Deficiencies

The case for most partnerships still being the teams of the 1960s is founded on five common deficiencies that I see in law firms: 1) Attitudes about ongoing partner development; 2) Poor or late recognition of the skill sets required of a modern partner; 3) Absence of leadership and investment; 4) Under-use of coaching; and 5) Dominance of billing data over all other data.

Attitudes About Partner Development

Ten years ago, I asked the managing partner of my Wall Street firm if I could initiate a new partner orientation program. His answer: “They made partner here. They know what to do.” It took two more years to get a short orientation program and there is still no ongoing partner development program. The prevailing attitude at many firms is that you made partner, so you must have the talent and the skills to function as a partner. Firms will also note that they have found proven business development skills in successful partner candidates, as measured by the current book of business. Instead of seeing promotion to partnership as the beginning of a firm-sponsored skill development program, we think that partners can make their own way, given the right compensation incentives. In other words, you demonstrated great talent as a college player and we are paying you big money, so show us results.

Poor and Late Recognition of Required Skills

In 2009, we published a study on partner development (Armstrong, Cruickshank & Leishman. Firm Leader ). We surveyed over 500 partners in 44 firms about leadership and business development skills at various stages of partnership ' from newly admitted to senior partners. The survey results killed one myth ' that partners are fully formed and ready for their roles at the outset. We found that partners were hungry for development opportunities. On the other hand, we saw that their insights into what was needed came quite late in their career development. For example, it was not until seven- to eight years into partnership that “leveraged partners” recognized they needed the leadership skills to build leveraged, well-managed teams.

We also learned that what got you to the partnership gateway was individual legal skill and basic business development skills. These were not enough to sustain success as a partner, when team development, client relations and firm building become critical.

The late or non-recognition of cornerstone skills for partners will be a competitive disadvantage for the future. Some of the skills that should get early attention (at the associate level, then intensively in junior partner years) are: 1) delegation, supervision and feedback; 2) public speaking; 3) IT skills; 4) budgeting and financial analysis; 5) business pitching and closing skills, especially in teams; 6) legal project management; and 7) team leadership.

Many firms think that a one-time training course or retreat is the answer to embedding these skills. That is like holding a half-day “catching clinic” for wide receivers ' unlikely to produce better game day results. Partners need more sustained coaching and feedback to improve performance. Firms that go beyond initial training use assessment centers, project reviews and business development metrics to ensure partner development.

Leadership and Investment

Up until 2008, large law firms had unprecedented growth in revenues and revenues per partner. Mergers, just like the 1970 merger of the AFL and the NFL, made even mediocre firms wealthy. While law firms did not get big television contracts, they received ample revenues to invest in making their firms more competitive. Instead of looking at investment in all partner development, they pursued a new talent strategy ' hiring star lateral partners. This choice reflects the importance of the cult of the individual in many firms; we praise individual hours and billings over team development. Because of individual ownership by partners, firm leaders face challenges not shared by a football head coach. (On other hand, leaders have longer average tenure than a head coach). Nevertheless, except for investment in business development skills, few leaders have persuaded their firms to hold back some significant profit distribution in order to invest in the skill sets of all partners.

There are exceptions. Skadden has had a five-year global partner development program for some years now. They are investing in new financial skills, leadership and client relations skills. The new leaders of the firm will be graduates of this program. White & Case has a multi-year partner program that emphasizes business development, leadership and relations with top clients. Baker Donelson has both leadership and business development academies for partners. Borden Ladner Gervais has been researching partner skill needs since 2008, and provides annual, incrementally advanced programs for partners.

Intellectual capital and the application of legal, personal and business skills are the core assets of law firms. Leaders who persuade their partners to double and triple their investments in partner development will be positioning their firms to be highly competitive in the future, though current distributions might suffer.

Coaching

On a visit to my dental surgeon last year, I noted that his slick new office and growing staff demonstrated his practice success. He did not credit his individual skills or reputation ' he praised his business and marketing skills coach. Recognizing his weaknesses in these areas, he found a coach who worked with him on a brand, business efficiencies and patient relations. Whether in dentistry or C-suites, coaches are everywhere. The ratio on an NFL team is about one coach to six players (active and inactive). Imagine bringing that resource level to your firm's practice group!

Despite the demonstrated value of coaching in other professional fields, law firms most often use coaching to “fix problems.” This partner mistreats associates. That partner has to improve business development results. Another has poor team skills, but has to run large teams. The use of coaching then develops a stigma; it is to “fix people,” not to develop necessary partner skills. We don't see coaching as a means of “ascending from a base.”

Peer coaching might be a good way to break this stigma, but partners have little incentive to invest billable time in the success of others. In my experience, individual success stories about outside coaches, spread throughout the firm, might gain traction for more use of coaching. Like the dental surgeon, the success stories that we see are those of already talented partners who are not satisfied. They want the next level in business development or team leadership. Law firm leaders who provide the finances and the attitudinal support for coaching will bring their firms into the modern team era.

More and Different Data

The Michael Lewis book “Moneyball” made sports data famous. The Oakland A's, with a low payroll, gained a short-term advantage on wealthy teams by signing under-valued baseball players. Now, every team uses “moneyball.” Teams are looking for the next hidden bits of performance data that the others haven't found. In this domain, law firms are truly the teams of the 1960s. Their main performance data are hours and gross revenues. It is what we do not pay attention to now that will make the difference in future competitive firms.

The opportunity for data collection is in many areas of law firm operations ' talent, client relations, legal project management, and pricing. Here are some examples of data that some “moneyball” firms are collecting to assess performance: 1) Monthly partner report cards on pitches, client meetings, contact points with clients, prospect meetings, etc. (correlated to success in winning new matters); 2) Results of upward reviews by associates (to decide who needs team leadership and supervision training); 3) Lateral hire “stick rates” in particular practices, firms and cities (to help make this costly decision); 4) Cost of taking particular types of litigation to the settlement stage (to price matters and give clients predictability); and 5) Partner peer assessment of writing and speaking for clients (to improve skills in these promotional activities).

We are beginning to see competitive differentiation for those firms who use better data for legal project management and pricing. As clients recognize data-driven advantages to using certain firms, we should see an expansion of respect for data. But as with baseball and football, the real edge will go to early movers.

Your Future Team

As you watched the amazing game-winning interception this year, think about all the investment, coaching, and data that lay behind it. The winners did not think that talent was enough. It was merely the base from which to ascend. The competitive law firm of the 2020s will not be the NFL team of the 1960s. It will invest in the kind of partner development that leaves others behind ' before they can catch up.

David Cruickshank, a member of this newsletter's Board of Editors, is a Principal at Edge International, and a Seattle Seahawks fan. He works with firms on management training, leadership skills and training for trainers. Reach him at David.Cruickshank@%20edge-international.com.

As the memory of a nail-biting Super Bowl game recedes, we can reflect on a combination of talent, skill development and performance by players that could not be touched by teams of the 1960s and 1970s. They are not just bigger and faster. They are more completely developed, in every attribute that might contribute to performance success. James Surowiecki, in an article in The New Yorker (Better All the Time, Nov. 10, 2014), examines the impact of skill development across several sports and notes that “Today in sports, what you are is what you make yourself into. Innate athletic ability matters, but it's taken to be the base from which you have to ascend.”

In contrast, despite the shakeups in the legal industry, the exiting of partners, and increased competitiveness, can we say that law firm partners are using all the tools that might make them fully developed? Or will we look back at most firms of today and conclude that the star players were like the NFL players of yesteryear?

It's All About Performance

In the NFL, science, data, competition and coaching have driven the significant performance changes we see today. Teams have taken significantly larger revenues and invested in sports medicine, sleep and diet studies, position coaching, year-round training, injury recovery science and individualized performance data. In the 1960s, weight-lifting was scorned because it might make players “muscle bound.” Broadway Joe Namath boasted of his ability to play well on Sunday after a night of partying. A typical team had four part-time coaches; players worked at off-season jobs and used training camp and pre-season games to “play into shape.” Today, a team has 15 assistant coaches covering all positions, a large training staff, and data crunchers for every aspect of the game. Quarterbacks talk openly about having to improve their “mechanics and footwork.”

“Whatever it takes” now means not just “heart,” but all the data and skill development resources that might improve individual and team performance.

Law Firm Deficiencies

The case for most partnerships still being the teams of the 1960s is founded on five common deficiencies that I see in law firms: 1) Attitudes about ongoing partner development; 2) Poor or late recognition of the skill sets required of a modern partner; 3) Absence of leadership and investment; 4) Under-use of coaching; and 5) Dominance of billing data over all other data.

Attitudes About Partner Development

Ten years ago, I asked the managing partner of my Wall Street firm if I could initiate a new partner orientation program. His answer: “They made partner here. They know what to do.” It took two more years to get a short orientation program and there is still no ongoing partner development program. The prevailing attitude at many firms is that you made partner, so you must have the talent and the skills to function as a partner. Firms will also note that they have found proven business development skills in successful partner candidates, as measured by the current book of business. Instead of seeing promotion to partnership as the beginning of a firm-sponsored skill development program, we think that partners can make their own way, given the right compensation incentives. In other words, you demonstrated great talent as a college player and we are paying you big money, so show us results.

Poor and Late Recognition of Required Skills

In 2009, we published a study on partner development (Armstrong, Cruickshank & Leishman. Firm Leader ). We surveyed over 500 partners in 44 firms about leadership and business development skills at various stages of partnership ' from newly admitted to senior partners. The survey results killed one myth ' that partners are fully formed and ready for their roles at the outset. We found that partners were hungry for development opportunities. On the other hand, we saw that their insights into what was needed came quite late in their career development. For example, it was not until seven- to eight years into partnership that “leveraged partners” recognized they needed the leadership skills to build leveraged, well-managed teams.

We also learned that what got you to the partnership gateway was individual legal skill and basic business development skills. These were not enough to sustain success as a partner, when team development, client relations and firm building become critical.

The late or non-recognition of cornerstone skills for partners will be a competitive disadvantage for the future. Some of the skills that should get early attention (at the associate level, then intensively in junior partner years) are: 1) delegation, supervision and feedback; 2) public speaking; 3) IT skills; 4) budgeting and financial analysis; 5) business pitching and closing skills, especially in teams; 6) legal project management; and 7) team leadership.

Many firms think that a one-time training course or retreat is the answer to embedding these skills. That is like holding a half-day “catching clinic” for wide receivers ' unlikely to produce better game day results. Partners need more sustained coaching and feedback to improve performance. Firms that go beyond initial training use assessment centers, project reviews and business development metrics to ensure partner development.

Leadership and Investment

Up until 2008, large law firms had unprecedented growth in revenues and revenues per partner. Mergers, just like the 1970 merger of the AFL and the NFL, made even mediocre firms wealthy. While law firms did not get big television contracts, they received ample revenues to invest in making their firms more competitive. Instead of looking at investment in all partner development, they pursued a new talent strategy ' hiring star lateral partners. This choice reflects the importance of the cult of the individual in many firms; we praise individual hours and billings over team development. Because of individual ownership by partners, firm leaders face challenges not shared by a football head coach. (On other hand, leaders have longer average tenure than a head coach). Nevertheless, except for investment in business development skills, few leaders have persuaded their firms to hold back some significant profit distribution in order to invest in the skill sets of all partners.

There are exceptions. Skadden has had a five-year global partner development program for some years now. They are investing in new financial skills, leadership and client relations skills. The new leaders of the firm will be graduates of this program. White & Case has a multi-year partner program that emphasizes business development, leadership and relations with top clients. Baker Donelson has both leadership and business development academies for partners. Borden Ladner Gervais has been researching partner skill needs since 2008, and provides annual, incrementally advanced programs for partners.

Intellectual capital and the application of legal, personal and business skills are the core assets of law firms. Leaders who persuade their partners to double and triple their investments in partner development will be positioning their firms to be highly competitive in the future, though current distributions might suffer.

Coaching

On a visit to my dental surgeon last year, I noted that his slick new office and growing staff demonstrated his practice success. He did not credit his individual skills or reputation ' he praised his business and marketing skills coach. Recognizing his weaknesses in these areas, he found a coach who worked with him on a brand, business efficiencies and patient relations. Whether in dentistry or C-suites, coaches are everywhere. The ratio on an NFL team is about one coach to six players (active and inactive). Imagine bringing that resource level to your firm's practice group!

Despite the demonstrated value of coaching in other professional fields, law firms most often use coaching to “fix problems.” This partner mistreats associates. That partner has to improve business development results. Another has poor team skills, but has to run large teams. The use of coaching then develops a stigma; it is to “fix people,” not to develop necessary partner skills. We don't see coaching as a means of “ascending from a base.”

Peer coaching might be a good way to break this stigma, but partners have little incentive to invest billable time in the success of others. In my experience, individual success stories about outside coaches, spread throughout the firm, might gain traction for more use of coaching. Like the dental surgeon, the success stories that we see are those of already talented partners who are not satisfied. They want the next level in business development or team leadership. Law firm leaders who provide the finances and the attitudinal support for coaching will bring their firms into the modern team era.

More and Different Data

The Michael Lewis book “Moneyball” made sports data famous. The Oakland A's, with a low payroll, gained a short-term advantage on wealthy teams by signing under-valued baseball players. Now, every team uses “moneyball.” Teams are looking for the next hidden bits of performance data that the others haven't found. In this domain, law firms are truly the teams of the 1960s. Their main performance data are hours and gross revenues. It is what we do not pay attention to now that will make the difference in future competitive firms.

The opportunity for data collection is in many areas of law firm operations ' talent, client relations, legal project management, and pricing. Here are some examples of data that some “moneyball” firms are collecting to assess performance: 1) Monthly partner report cards on pitches, client meetings, contact points with clients, prospect meetings, etc. (correlated to success in winning new matters); 2) Results of upward reviews by associates (to decide who needs team leadership and supervision training); 3) Lateral hire “stick rates” in particular practices, firms and cities (to help make this costly decision); 4) Cost of taking particular types of litigation to the settlement stage (to price matters and give clients predictability); and 5) Partner peer assessment of writing and speaking for clients (to improve skills in these promotional activities).

We are beginning to see competitive differentiation for those firms who use better data for legal project management and pricing. As clients recognize data-driven advantages to using certain firms, we should see an expansion of respect for data. But as with baseball and football, the real edge will go to early movers.

Your Future Team

As you watched the amazing game-winning interception this year, think about all the investment, coaching, and data that lay behind it. The winners did not think that talent was enough. It was merely the base from which to ascend. The competitive law firm of the 2020s will not be the NFL team of the 1960s. It will invest in the kind of partner development that leaves others behind ' before they can catch up.

David Cruickshank, a member of this newsletter's Board of Editors, is a Principal at Edge International, and a Seattle Seahawks fan. He works with firms on management training, leadership skills and training for trainers. Reach him at David.Cruickshank@%20edge-international.com.