Marcie Borgal Shunk.

Smart Strategy

Amid the turmoil and upheaval caused by the global spread of COVID-19, many law firm leaders are facing unprecedented decisions. Whether due to actual exposure or the risk of such, escalating concerns necessitate choices which have implications that extend far beyond the firm's financial health to the well-being of staff, clients, lawyers and their families. With all this at stake, it is natural to wonder, how equipped are lawyer leaders to handle such unique situations?

The answer may be surprising to some: "very." The unique demands presented by a crisis align well with lawyers' typical strengths (as a generalized group). Far more so, in fact, than the leadership qualities essential to shepherding a law firm through relatively slow-paced market disruptions or change. In the face of adversity, lawyer leaders find their chance to shine.

Training and Preparation of Lawyer Leaders

Unlike their business school brethren, lawyer leaders typically do not have any formal leadership or management training upon graduation. They do not benefit from lessons in interpersonal skills, organizational behavior or entrepreneurial management that, for example, Harvard MBAs count among their first-year requirements. Instead, lawyers cover a broad range of legal topics such as torts, contracts and civil procedure. None of which are especially applicable for the role of Practice Group Leader or Managing Partner.

Law firms themselves do an equally poor job of preparing leaders. Just two in three firms offer any leadership training to lawyers, according to a soon-to-be-released study of over 60 AmLaw 200 firms jointly produced by The Tilt Institute and LawVision Group (email for notification of release); and, of the firms delivering this leadership training, the bulk do so most often at the associate level and as part of a broader program. Just 32% of firms deliver a comprehensive, dedicated course on leadership to partners. This number is half for associates.

Law firm leaders, thus, are woefully underprepared in a formal way to lead their firms, to inspire change and to motivate action. This lack of preparation is evident in the slow pace of change among law firms generally and in the voiced frustration from clients about law firms' resistance to new technologies, billing practices and diversity efforts.

This lack of preparation, however, has not deterred many of today's lawyer leaders from demonstrating strength and decisiveness under the current conditions. They are responding swiftly. They are taking action. And they are successfully juggling the diverse needs of their workforce and clients.

Leadership and Crisis

A simple Google search of the characteristics of a great leader versus a great crisis manager offers insights into the apparent incongruity. Leading through change—the day-to-day demand often asked of today's law firm leaders—requires extraordinary communication skills and positivity, as does leading through crisis. Yet the similarities between the two scenarios stop there. Great leaders (in ordinary times) exhibit inspiration, humility, a sense of humor and a visible commitment to a strategic mission. They welcome others into the fold, ask for input from those around them and delegate authority to accelerate change and action. These are the leaders who drive innovation, enhance financial performance and execute lofty visions. Often when we think of great leaders we think of these leaders—those who bring about transformation and make their companies or the world a better place: Jack Welch, Sheryl Sandberg, Indra Nooyi, Steve Jobs, Ruth Bader Ginsburg, Martin Luther King, Jr., Angela Merkel and many more.

The best crisis managers, or leaders in times of crisis, display different qualities with the objective of maintaining status quo and navigating rough waters. Decisiveness, courage, experience, coordination of resources and an ability to handle stress are imminently important. Top crisis leaders demonstrate a balanced view of strategy and detail, an analytical mindset and goal-orientation. Sometimes, particularly with powerful, well-known public figures, these people can be one and the same.

Interestingly, this—crisis—is where many lawyer leaders excel. The lawyer personality itself is an asset. Lawyers possess a greater ability for abstract reasoning than most, according to Dr. Larry Richards, as well as a high degree of autonomy and urgency which can, interestingly, be beneficial when decisiveness is critical. Lawyers are no strangers to high-pressure situations; and, thanks to demanding billable hours requirements, have extensive experience acting assertively in times of profound stress. Years of working in a law firm, ironically, prepare lawyer leaders well for handling a crisis such as the coronavirus outbreak.

The Aftermath: What Comes Next

In a few weeks, months, or hopefully sooner, COVID-19 will be in the rearview mirror. Its impact on the lives of those affected, law firms and the overall global economy will not. Another shift in the demand on leaders will occur then—a move to rebuild, re-engage and reignite a workforce in the wake of uncertainty and instability. The demands on leaders will revert to those needed in times of change though for better or worse, the sense of urgency will be squarely on the side of the leaders.

Law firm leaders with experience guiding firms through post-financial crisis in 2008/2009 will have some sense of what to expect. However, it is clear from the dissolutions, rescue mergers and poor financial performance over the past decade that more than a handful of firms did not come out of that upheaval unscathed. For law firms to fare better this time around will require a disciplined approach and increased preparedness. Leaders need better training and skills development, with a focus on leading change, interpersonal skills and the use of data to make better decisions (incidentally the three areas survey respondents indicated their lawyer leaders are least prepared today). Investments in one-on-one leadership coaching and intensive workshops can help fill this short-term need as law firms ramp up their long-term dedication to creating stronger leaders for the future.

What Leaders Can Do Today

In the interim, staying focused on foundational principles of leadership and crisis management can help lawyer leaders steer their firms wisely in the coming weeks and months. We are in uncharted territory. It is folly to pretend otherwise. Yet we can learn from those who have come before us.

• Stay informed—Data and intelligence, though imperfect, is essential. Turn to reliable sources (WHO, CDC) and local health departments for the most up-to-date facts upon which to make decisions.
• Offer measured responses—Fear begets fear. Shutting down an entire firm for a single office exposure may be overkill in some cases and not in others. Be mindful of creating frenzy where there need not be.
• Play follow the leader—This is the rare instance where looking to how competitors are acting can be a useful tool to determine how to respond. Keep an eye on local entities as geography is a key factor in this situation.
• Overcommunicate—Answers may not always be available but the ability to share status updates, perspective and known information is.
• Be agile—Clear decisions and fast redirects enable better overall response.
• Keep a positive outlook—People will look to leaders for cues on how to behave and react. A calm, steady hand and positive—and realistic—outlook matters.

Marcie Borgal Shunk is president and founder of The Tilt Institute, a firm dedicated to unveiling new perspectives on law firm growth through intelligence, innovation and intuition. She specializes in helping law firm leaders make better, data-driven business decisions. Shunk is also a member of the ALM Intelligence Fellows Program. 

More information on the ALM Intelligence Fellows Program can be found here.