I love listening to a wide range of podcasts. They are guaranteed to keep me informed, help me to see other perspectives on important issues of the day, and even increase my vocabulary!

For example, the other day I learned the phrase “vacuous agon”. Before I heard the definition, I just knew it had to have relevance for law firm management! Sure enough, vacuous agon refers to a struggle or conflict that is ultimately lacking meaningful purpose of depth: a pointless and empty struggle.  It made me think about the many ways in which law firms seem to get in their own way, allowing conflict (or allowing dysfunction) to dictate decisions.  Loosely applied, I see two main causes of vacuous agons in law firm management:

  1. Lack of policing firm lawyers. This one has sub-headings.

Allowing bullies to get their way, even on ridiculous points.

Too often, I’ve seen firms managed by the most obnoxious Partners – regardless of the firm structure.  They can get an idea in their heads and they won’t let it go.  They cajole and bully the Partners around them (especially the Managing Partner) until they get their way.  When we allow bullies to get their way, we are endorsing that culture, encouraging more of it to happen.

Supporting bad ideas in the interest of showing support.

I’ve often seen laterals, or up and coming juniors, allowed to run with ideas that a seasoned professional knows will not work.  But no one wants to seem to be unsupportive of these individuals.  So, the firm allows a bad idea to get wings – at least for a while until it becomes clear that the idea will eventually flame out.

Failure to hold all lawyers equally accountable.

We’ve all seen the Partner who perennially under-performs and is endlessly maintained by the firm through a range of excuses, while other lawyers are pounced on for one bad year.  Or we’ve seen a high-producing Partner repeatedly get away churlish or disrespectful behavior while others are held to a much higher standard. When these discrepancies are highlighted, it can create significant yet unnecessary tension in the firm.

These are all examples of weak leadership in law firms.  Where the Partnership is afraid to police their own, likely due to the fear that one day, they might be policed as well.

  1. Lack of a strategic plan or declared direction for the firm.

Without a plan, law firms don’t really know what to say yes and no to.  So, they allow bullies – or even lawyers who simply have an idea and are willing to act – to dictate firm strategy. What are the chances that all of those decisions are good for the firm?

In the absence of strategy, there is no declared and mutually pursued purpose.  And without that, the firm is really just a bunch of independent law practices sharing rent.  That’s fine, if that’s what your firm wants to be.  But if you’re pretending to be something else…

A law firm without a commonly held vision, pursued by all members, is trouble waiting to happen.  There’s very little glue holding things together.  There’s less reason to collaborate, and to participate in team work.  Eventually, everyone will default to working toward their own personal interests.   And unless the firm is specifically aiming for this culture, its development will start to kill the firm, causing friction that is hard to combat without a common purpose.

When lawyers are representing their clients, global rights or wrongs seldom come into it.  They are trained to create friction by putting forward opinions and rationale that most serve their clients. But when this same ideology is brought into law firm management, it will ultimately create discord.

It all comes down to avoiding needless conflict by focusing on proactive leadership.  There is a saying that fences make for great neighbors.  It’s important for firms to have clear values, goals and boundaries. This will limit misunderstandings and miscommunication that can result in needless fractures within the firm.

Heather Gray-Grant is a business strategist, marketing expert and executive coach for law firms, lawyers and administrators.  She can be reached at heather@heathergraygrant.com