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Call to Arms for The Access to Justice System
Enter: Litigation by Design ‐ Force Majeure
Figure 1 Madam Justice McLachlan, CJSCC
The price of justice should not be so dear," McLachlin said in a speech to the bar association's governing council at the opening of a four-day legal conference here. ... "Something must be done," she urged. "We must all get on the same track and move down it together." ... There's "no point" in having a justice system that nobody can afford to use, McLachlin said. "We need to keep the justice system relevant and available to Canadian men, women and children." ... Juxtaposed against McLachlin's concerns, however, are concerns from one member that Canadian lawyers are largely money-grubbing and unprincipled. Former Bay St. lawyer Philip Slayton offers his stinging assessment in a book called Lawyers Gone Bad, which made a splash earlier this month via a cover story in Maclean's entitled "Lawyers are Rats."1
What is Happening: Law Firm Leadership –An examination of organizational charts in the world of law shows, beyond a shadow of a doubt, that all the mindsets of the employees present on the “floor” in the law firm habitat are of the mindset to follow a leader. But there is a tremor being felt by many a law firm employee. Something is ‘different’. A once coveted and respected profession, there is no longer a lineup to work in a law firm. In fact, quite the contrary. To quote a group of 3 non‐legal middle managers brought into one Canadian law firm, presumably as an attempt to identify the problem/solution to managing the unhappy workforce, “every professional should work for lawyers once in their career”. The message that statement was intended to convey is not known – but the implication is that to spend your whole career working in a law firm would not be the best use of your managerial talents. In that example and the example cited above, the reputation of lawyers, law firms and their staff is no longer beyond reproach. Why?
Who Can Help find out Why?: Enter the solution ‐ a consultant to the firm poised to neutrally gather information and use proven methods based on human values to design systems that work for people required in any team or organization to keep all employees involved in the justice process as well as the profitability of the organization healthy. This could be termed the ‘virtual leader’ – ie absent from
1 http://www.thestar.com/News/Canada/article/245548
the mix of the day to day activities, and not under the thumb of the complete organization management system per se, but hired by the organization with the authority and an overarching influence on all employees and with some interaction with the global access to justice aim.
How Will This Occur? I have set out on the attached pages a list of tools and LifeCoach’s Guidelines and LitigationbyDesign business proposal/marketing material for the intended organization which use the principles of the Graves/Spiral Dynamics Model in conjunction with the Adizes Corporate Lifecycle Model as it is integrated to the employees and governing professional ethics and entities. Given the various individual qualities of the workforce and the intense pressure in the law firm environment, the challenges these human combinations bring to any situation bring the need to establish, in conjunction with the authoritarian of the Firm, that it is the LifeCoach who can bring and sustain the employees to a level of self‐management, achieving and maintaining a healthy, productive justice + profit mindset in order that the law firm habitats will be satisfying from several perspectives and have the resources to contribute to the cause for all lawyers to work towards a solution for the global Canadian problem of citizens accessing the justice system due to the high cost of legal representation.
Litigation by Design by Jan Whyte
Meshwork Case Study
YAxis LifeCoach Influence in the Corporate Environment of a Virtual Litigation Lawyer Engaged in the Pursuit of Justice through Customer Service
vMEME 1 (XAxis)1 Deals with this vMEME on XAxis (except where otherwise stated) in pursuit of outcome
Life Conditions External (4Q/8L)2
Life Conditions Internal(4Q/8L)3
Client (alone; seeking alliance)
Lawyer, Paralegal (intelligences required)
Tribal Survival
Lawyer (gives orders)
Paralegal Staff, Junior Lawyers, Junior Assistants (follow orders)
Truthforce/Systems Powergods
Lawyer Opposing Lawyer or Entity Truthforce
Powergods
Lawyer Associate (senses entitlement)
Lawyer Associate (entitlement)
Order of ‘Haves/Have Nots’
Mythical Order
Lawyer Associate (truthforce+ business – profit $$$)
Lawyer Partner (business) Fortune 100 Egocentric
Paralegal Staff (follows order/procedures + business – profit $$)
Junior Lawyers, Assistants (follow procedures)
Parliament/Diplomatic + Fortune 100
Saintly Self Achiever Self
Office Clerical Staff (helper to all )
All other vMeme members (join forces but for separate goals)
Value Communities Sensitive Self
Receptionist (on duty for all)
All other vMeme members (join forces for separate goals)
Corporate Saintly Self
Junior Assistants (naive)
All other vMeme members (various manifestations)
Value Communities Sensitive Self
Lawyer Z Axis: Justice Tribunal (Courts, Mediation)
Truthforce If Win: Fortune 100 + Truthforce + Powergod+ Tribal If Loss of Case: Basic Self
1 SDi 1 (Forward) 2 SDi 1 (Forward) 3 SDi 1 (Forward)
Session 1: Associate Lawyer (“AL”)
LifeCoach: Hi AL, welcome to our regularly scheduled one on one session where we discuss how things are going with you at the office [Coaching Contract]4. I see you may be a little anxious [Modelling Modes ‐ VAK5] – are you pressed for time?
AL: Hi LC, yes I’m booked at a trial this morning and looking forward to the big battle, but my court materials were not prepared on time so I need to go and crack the whip over my staff to get them back in line. [EI]6
LifeCoach: Oh, that sounds important, can I just ask you how things are going with you and your team with respect to your perception of time ‐ do you have a good balance of members who can focus on today’s task as priority as well some looking down the road to anticipate needs in the future and treat that as priority? [In Time/Through Time7]
AL: Well I don’t know, it’s my paralegal’s job to organize the work but she said the young worker refused to come in, saying that she didn’t realize that ‘keep Sunday free’ meant she should be on call to come in to work yesterday if needed. [Motivators8] [E]
LifeCoach: In your ideal world, what would have happened in this instance? [Dream/Unconscious State for creativity9]
AL: In the ideal world, the 5 support staff I have would get along and not bother me with their bickering back and forth and follow my orders. That way when I show up in the office I will be able to be in and out in 5 minutes and pick up my work to go and do what I really love, go to battle. [Metaprograms, supra; Specific, Realitistic, Measureable, Time Sensitive (SMART10] [EI]
LifeCoach: So you like to fight? With whom do you fight? [Value Based Self Image11]
AL: Well, I’m a businessman first and foremost ‐ you know, it is for the clients who have an uphill battle against a large insurance company with unlimited resources. So I argue with the lawyers and decision makers for that insurance company if they are not doing what I think is right on the case. The personal injury law with the insurance company is almost the only faction of civil litigation that goes to trial any more because of the extraordinary cost to the firm to fund a
4 The Art and Science of Coaching (“TASC”), Erickson College (2001) (p. 13 Module 1) 5 TASC, Erickson College (2001) (p. 7 Module 4; pp. 37, 39 Module 4) 6 Adizes Graduate Institute/Top Leaf Corporate Lifecycle 7 TASC, Erickson College (2001) (p. 19, Module 2) 8 TASC, Erickson College (2001) (Motivators Handout) 9 TASC, Erickson College (2001) 10 TASC, Erickson College (2001) 11 TASC, Erickson College (2001) (p.39 Module 3)
lawsuit up front until the matter is settled. There aren’t many of us lawyers around who have the deep pockets to fund litigation before the settlement/judgment is handed down so the client doesn’t have to pay anything up front. Running our business is very stressful as we have to be frugal businessmen with an efficiently running overhead.12 [Value Based Self Image supra] [E]
But yes, I love to argue and I love to win!
LifeCoach: You like to win! Yes! Just so I can get the definitions straight – when you argue it is for the cause and acceptable, but when your staff argue it is bickering? [Modelling Modes ‐Perception, Tone supra]
AL: Well that is basically right, you know they are women, they find a problem with everything. [Metaprograms13] Besides, I’ve given them all their orders so I can monitor their efficiency and they can serve me the best with respect to my priorities. We have to keep things efficient to make money! [Motivators14] [E]
LifeCoach note to self: This looks like a pretty complicated team description to be surviving in close quartered desks – follow up with other XAxis members to see how this is working. Also, how can these teams in empire and corporate org structures15 work if there is no leader present and if the workers are the vMEME to not take instruction from each other (ie laterally)16?
LifeCoach: On a scale of one to ten, how high do you think the members of your team would rate their job satisfaction? [Scaling17, Perception18]
AL: They like it I guess, I have no idea really, that doesn’t come in our communications.19 My communication is completely digital. We e‐mail each other and that is the agreed method of communication with my team members so we can all keep track of the files remotely and not be slaves to the physical office. [Digital vs. Analog20] [EI]
LifeCoach: If I have it straight, the staff are unsupervised and left to their own devices except for your digital instructions and 5 minute attendances to pick up the materials they have prepared for
12 SDi2 “Phase I” (p. 20) 13 TASC, Erickson College (2001) (p. 10 Module 4) 14 TASC, Erickson College (2001) (Motivational Words Handout) 15 SDi1 (Forward) 16 SDi2 “Phase I” (p. 20) 17 TASC, Erickson College (2001) 18 TASC, Erickson College (2001) 19 TASC, Erickson College (2001) (p. 51 Module 4) 20 TASC, Erickson College (2001)
you for pickup? Is there any system in place to ‘monitor their performance’ in the office when you are not there? [Bliss Time Management21; Match Language22, Backtrack, supra, Systems, supra]
AL: Yes, that is the nature of their job – they have to work independently but follow my direction. No one physically monitors them I guess, I don’t see any need for that as long as they are getting the work done for me so I can get into court and make money. There still is that problem with their fighting amongst each other though. I’ve asked my Human Resources person to solve whatever the problem is but he hasn’t done it yet. [Roadblocks23][EI]
LifeCoach note to self: Take a look at the organizational chart. It is more likely one of the following as the only known org charts where there is no leader ‘on the floor’ when the virtual lawyer is gone24:
LifeCoach Note to Self: Drop the plumb bob25 on the virtual lawyer team organization, chart vMEMES and make recommendations that restore a leader‐based structure OR work with X to stream a design for a new, more natural system that accommodates all change state indicators (interview all vMEME representative on this one).26
LifeCoach: I’ve got some handout materials I can give you at the end of the session27 which may help you understand where each employee is coming from, you may take some if you wish. I’ll also be speaking to your people directly as per the contract between my company and the firm, if that does not thwart your dealings with the team in any way. [ICF Guidelines28]
AL: Sure – the staff don’t really need to know too much, if they just follow my directions they will do just fine. [EI] Thanks for checking in on the status of all of this for us though, I feel right on top of the office business side now with you working with me! [Client Value &Feedback 29][A]
LifeCoach Note to Self: PA missing in this executive’s team environment. See coaching exercises30 to consider exercises with the Virtual Lawyer at next meeting to bring these out; consider
21 TASC, Erickson College (2001) (p. 6, Module 2) 22 TASC, Erickson College (2001) (p. 37 Module 3) 23 TASC, Erickson College (2001) (p. 18 Module 3) 24 SDi2: “Phase 3” (p. 20) 25 SDi2 “Phase 2”, (p. 20), Spiral Dynamics Field Guide (1996), Blackwell, Oxford, UK (p. 147) 26 SDi2 (p. 1) 27 Litigation by Design – 8 Models of the World (2007) 28 International Coaching Federation Code of Ethics, TASC, Erickson College (2001) (p. 9, ICF Module) 29 TASC, Erickson College (2001) (Coaching Arrow) 30 Litigation by Design – Behaviour Patterns Corporate Lifestyle‐Coaching Tools (2007
integrating into other XAxis sessions (eg staff and partner) via team exercise and corporate incentives to create support in these areas.
Litigation by Design Meshwork Case Study Session 2: Partner (PL)
Lifecoach: Good morning PL, I’ve got the boardroom all booked for our meeting. Shall I meet you there?
PL: Yes LC I will be right there. I’ve just received a disturbing e‐mail that I need to forward to my partners for consideration.
Lifecoach: No problem, take your time.
PL: No, no, I’ll join you now, this issue is really starting to get my goat. I spend all my time receiving demanding e‐mails from one of our lawyers who is threatening to quit should he not get his way on every administrative issue that comes along. My partners and I seem to be a ‘court of appeal’ for this lawyer, as he will not go to other administrative staff we have hired to deal with him and his problems – he wants our authority or approval ‘or else’ and does not feel he needs to go through the proper channels1.
Lifecoach: Sounds like a drain on your time and energy – and profit! Will this affect the company’s bottom line in other ways if the risk of the threats is realized?
PL: Oh yes, he is one of our best billers and he is a terrific lawyer and great person when he is in the firm, plus is dedicated to his wife and family. The only problem is, his ‘this must be solved now’ demands plus ‘I will do things my way, to heck with the rest of you’ are really having a negative effect on the firm. I can’t just put my finger on it, but I feel something is really going wrong here – it is affecting the staff and morale.
Lifecoach: Let’s just take a look at the Corporate LifeCycle patterns2 to see if there is some language there that might be helpful. Do you see a description of what the current conditions might be, from your observations and intelligences?
PL: Oh yes, it is GO‐GO! That describes the situation to a “T”.
Lifecoach: Terrific PL. I think I can give you a design that will implement measures the firm could take to deal with this situation, taking everyone into consideration.
Lifecoach Note to Self: AI are missing – check to see why, if there are change conditions present, and how we might remedy the situation and report on the effect if they cannot be added back into the lifecycle3.
1 Litigation by Design – Know Your vMEME Recommended Reading List (In Progress)
2 Litigation by Design ‐ Corporate Behaviour Patterns (2007)
3 Litigation by Design Big 10 Coaching Exercises (2007)
Lifecoach: Now this wouldn’t be the same associate lawyer4 who is describing himself as ‘virtual’ would it?
PL: Yes that is the same one. Like I said, he is a great addition to the firm, we just don’t know how to handle this type of lawyer or practice, and my partners and I are losing our billable time in brainstorming to come up with solutions that will work for all of us. But we don’t think the fellow really wants to consider us and the rest of the firm! Look, all we want is an environment of mutual trust and respect, instead of that uneasy feeling that we will anger him to a point where he will take his files (and profit) away from our firm.
Lifecoach: Leave it with me PL. I actually have a meeting with the associate’s staff to come up with a system that will work for everyone on the team5. I will include solutions to the GO‐GO life condition at the same time so we can align the team system to the corporate bottom lines as we have previously discussed.
PL: LC, you are a refreshing change to the many years of no solutions to these problems!
4 Litigation by Design Meshwork Case Study (2007)
5 Litigation by Design LifeCoach’s Guidelines – Gathering and Analyzing the Data + Natural Custom Design
LITIGATION BY DESIGN — MEETING YOU AT YOUR MODEL OF THE WORLD
8 Models of the World
Level 8 –TBA
Level 7—FlexFlow: Pos: Impacts quality and richness of life; sees complexity in big pictures; lives in flow without status needs; Neg: Aloof; unfeeling and selfish; intolerant of others who appear incompetent; demands own space.
Level 6—HumanBond: Pos: Consensual and inclusive of others; empathetic; sensitive to broader human
condition; concerned; Neg: Imposes blinding “group think” approaches; all join or else; feels too much; denies uniqueness; naïve.
Level 5—StriveDrive: Pos: Productive, goal-oriented; energized; focused on results and outcomes; creates a ‘middle class’; Neg: materialistic and self-absorbed; short-sighted; compulsive to achieve, have more, dominate.
Level 4—TruthForce Pos: Responsible, loyal, dutiful, and obedient to rightful authority; keen moral sense; honorable; charitable; Neg: Rigid, intolerant, and judgmental; doctrinaire; punitive; fanatical; believes own way is the only way.
Level 3– PowerGods: Pos:Energetic and action-oriented; anxious to break free; unconstrained creativity; not afraid of others. Neg: Inflated ego, unrealistic self-image; oblivious to needs of others; exploits guiltlessly to fulfill
Level 2—Tribal: Pos: In balance with nature to maintain existence; attuned to mystical forces; close family bonds. Neg: Captive of the group; superstitious and fearful; vulnerable to chieftain’s desires
Level: 1—Basic: When people depend on its intelligences to survive, most will access other levels. Brain damage through accident or illness can damage the level and limit access to a wider range.
Individual/Elite Inner Control, Expressive
Staying Alive Communal/Collective Outer Control, Sacrificial
Safety and Security
Individual/Elite Inner Control, Expressive
Power and Action Communal/Collective Outer Control, Sacrificial
Stability and Purposeful Life
Communal/Collective Outer Control, Sacrificial
Individual/Elite Inner Control, Expressive
Success and Autonomy
Individual/Elite Inner Control, Expressive
Qualities/Responsibilities of Being
Life Coach’s Guidelines – Gathering, Analyzing and Design Blueprint
LifeCoach (Y) Tool 1: vMemeScheming
Figure 2 Lord Denning
Figure 3 Dr. Don Beck
“We’ve got to stack the deck!”
“I stacked the Court.”
“Darn it all, a person has the right to be who he is.”
Determine the XAxis members and their vMemetic codes
vMEME 1 (XAxis)2 Deals with this vMEME on XAxis in pursuit of outcome
Life Conditions External (4Q/8L)3
Life Conditions Internal(4Q/8L)4
Client (alone; seeking alliance)
Lawyer, Paralegal (intelligences required)
Tribal Survival
Lawyer (gives orders) Paralegal Staff, Junior Lawyers, Junior Assistants (follow orders)
Truthforce/Systems Powergods
Lawyer Opposing Lawyer or Entity Truthforce Powergods Lawyer Associate (senses entitlement)
Lawyer Associate (entitlement)
Order of ‘Haves/Have Nots’
M ythical Order
Lawyer Associate (truthforce+ business – profit $$$)
Lawyer Partner (business) Fortune 100 Egocentric
Paralegal Staff (follows order/procedures + business – profit $$)
Junior Lawyers, Assistants (follow procedures)
Parliament/Diplomatic + Fortune 100
Saintly Self Achiever Self
Office Clerical Staff (helper to all )
All other vMeme members (join forces but for separate goals)
Value Communities Sensitive Self
Receptionist (on duty for all)
All other vMeme members (join forces for separate goals)
Corporate Saintly Self
Junior Assistants (naive) All other vMeme members (various manifestations)
Value Communities Sensitive Self
All of Above Justice Tribunal (Courts, Mediation)
Truthforce If Win: Fortune 100 + Truthforce + Powergod+ Tribal If Loss of Case: Basic Self
vMEME (XAxis) Deals with these X,Y and Z Axis members (in slightly differing roles, but most definitely Z, in pursuit of outcome
Life Conditions External (for XAxis Member)
Life Conditions Internal (for XAxis Member)
Lawyers Justice Tribunal (Courts, Mediation)
Truthforce If Win: Fortune 100 + Truthforce + Powergod+ Tribal If Loss of Case: Basic Self
2 SDi 1 (Forward) 3 SDi 1 (Forward) 4 SDi 1 (Forward)