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Follow The Leader Or Lead The Followers? – Above the Law

Remember
the
childhood
game
of
“follow
the
leader”?
Are
we
still
doing
that
today?

What
is
leadership?
There
are
as
many
definitions
of
the
term
as
there
are
people
who
think
they
are
leaders.
Some
truly
are
leaders
and
some
are
just
kidding
themselves
(as
well
as
others).
Concepts
of
leadership
have
changed
over
the
decades,
and
that’s
a
good
thing.
We
have
come
a
long
way
from
the
previously
fashionable
style
of
“command
and
control.”
Where
once
a
CEO
such
as
Jack
Welch
at
General
Electric
was
vaunted
for
his
leadership,
that
was
the
same
Welch
who
reduced
the
bottom
20%
of
his
staff
every
year.
“Rank
and
yank”
it
was
called.
Now
there
are

revisionist
opinions

as
to
Welch’s
success.

Leadership
is
essential
to
being
a
good
lawyer
regardless
of
whether
you
are
a
sole
practitioner,
in
a
small
firm,
a
middling
size
firm,
or
one
of
those
behemoth
firms
that
are
gobbling
up
other
firms
(not
without
some
acid
reflux).

What
does
leadership
have
to
do
with
lawyering?
A
lot.
Regardless
of
your
position
in
a
firm,
be
it
junior
puppy,
senior
puppy,
partner
of
whatever
nature,
people
both
in
the
firm
and
out
regard
you
as
representing
that
firm,
be
it
with
clients,
opposing
counsel,
the
court,
and
(not
the
least),
the
people
you
work
with
on
a
daily
basis

your
teammates,
your
colleagues.

Leadership
can
run
the
gamut
from
representing
the
client
in
court,
heading
a
negotiation
team,
suggesting
how
to
strategize
litigation,
and
supervising
paralegals
and
other
support
staff.
Even
chairing
a
bar
association
committee,
giving
pro
bono
advice
to
a
nonprofit,
anything,
anywhere
can
be
viewed
as
leadership.
Others
may
not
regard
you
as
a
leader,
but
you
are.
(Even
though
“soft
skills”
are
still
underrated
as
leadership
qualities,
and
of
course
they
are
not
billing
machines.)

While

this
ATL
post

was
more
than
a
year
ago,
the
same
soft
skills
still
apply
today,
perhaps
even
more
so.
Two
of
them
are
leadership
and
a
sense
of
humor
(no
surprise
there
if
you
think
about
it.
Don’t
take 
yourself
too
seriously.
Translation:
don’t
be
a
pompous
blowhard,
in
fact,
don’t
be
a
blowhard
at
all.
Even

popes
have
senses
of
humor
.
Take
the
work
seriously,
but
taking
yourself
too
seriously,
not
having
a
sense
of
humor
about
the
million
and
one
things
that
can
(and
do)
go
wrong
every
day
in
the
practice
requires
that
we
be
able
to
laugh
about
our
foibles
and
the
foibles
of
others.
And
there’s
plenty
to
laugh
about.
Just
peruse
any
edition
of
ATL.

Example:
this
particular
judge
has
a
finely
honed
sense
of
the
ridiculous
(which
is
also
necessary,
especially
in
motion
practice).
Plaintiff’s
counsel
conditioned
defendant
counsel’s
request
for
an
extension
of
time
on
not
filing
a
motion
to
dismiss.
(Really?
Any
sense
of
humor
there?)
The

court
had
the
final
word

(it
always
does)
by
ordering
counsel
to
have
lunch
together
by
year’s
end
and
to
then
advise
the
court
about
their
conversation.
A
benchslap
of
a
different
variety
that
holds
great
promise
in
litigation
disputes.
Definitely
a
leader
in
dispute
resolution.

All
judicial
officers
should 
consider
this
technique
and
warring
counsel
should
as
well.
Breaking
bread
together
may
not
lead
to
ultimate
resolution,
but
it
is
hard
to
be
pissed
off
when
your
mouth
is
full
of
an
expensive
meal
for
which
opposing
counsel
pays.
Yes,
lest
we
forget,

civility
is
also
another
component
of
leadership

and
another
required
MCLE
course
for
California
lawyers.

Leadership
is
also
emotional
intelligence,
authority
and
vulnerability.
I
like
the
definition
of
leadership
described
in
one
of

Louise
Penny’s
mysteries
.
The
protagonist,
Inspector
Gamache
of
the

Sûreté
du
Québec,

says
that
leadership
has
four
elements:
“I’m
sorry.
I
was
wrong,
I
need
help.
I
don’t
know.”
Short
and
sweet,
right?

How
many
of
us
apologize
without
fear
of
potential
malpractice?
Very
few,
I
guess.
How
many
of
us
say
that
we
were
wrong?
Ditto,
for
the
same
reason.
How
many
of
us
ask
for
help?
How
many
of
us
have
the
courage
to
say
“I
don’t
know?”
If
leadership
is
the
ability
to
be
humble,
to
acknowledge
our
failings,
then
how
many
of
us
would
pass
that
test?
We
would
all
be
advised
to
STFU.
We
don’t
know
everything,
we
can’t
know
everything.
AI
doesn’t
know
everything
at
least,
not
yet.
And
I
don’t
think
that
AI
will
ever
provide
leadership.
Hopefully
that
will
always
be
a
human
need.




old lady lawyer elderly woman grandmother grandma laptop computerJill
Switzer
has
been
an
active
member
of
the
State
Bar
of
California
for
over
40
years.
She
remembers
practicing
law
in
a
kinder,
gentler
time.
She’s
had
a
diverse
legal
career,
including
stints
as
a
deputy
district
attorney,
a
solo
practice,
and
several
senior
in-house
gigs.
She
now
mediates
full-time,
which
gives
her
the
opportunity
to
see
dinosaurs,
millennials,
and
those
in-between
interact

it’s
not
always
civil.
You
can
reach
her
by
email
at





[email protected]
.