emotional intelligence a necessary and valuable tool for lawyers, legal departments, and firms

Emotional Intelligence: A Necessary And Valuable Tool For Lawyers, Legal Departments, and Firms

Introduction & Overview

by Dan DeFoe JD MS - Adlitem Solutions,

Certified EQ-i2.0 Administrator

EQ-i2.0 Model and certain content provided courtesy of Multi-Health Systems Inc. (MHS) and The EQ-Edge: Emotional Intelligence and Your Success, 3rd Ed., 2011, by Steven J. Stein, PhD & Howard E. Book, MD

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Agenda

• Emotions

• Emotional Intelligence

• Emotional Intelligence , Lawyers, & Rules of Professional Conduct

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Foundational Concepts - Emotions

• Play an important role in life

• Ability to perceive, understand, use, and manage emotions varies

• Differences affect individual adaptation in many contexts, e.g. workplace

• High smarts, but low emotion ….e.g. Damasio’s ―brilliant lawyer….‖

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Emotion Groups – Think 3

•Pleasant – caring, joy, love

•Neutral – anticipation, interest, surprise

•Unpleasant – anger, disgust, embarrassment, fear, sadness

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Some Truths About Emotions…

• Provide information about mind-body system in a given situation

• Affect every human endeavor

• Feedback ….what is happening

• You generate by your own mind-body system

• Your wiring … your emotion….

• ABCDEs….

• Emotions show…… D

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Emotions Show . . .

•In face. . . .

•In gestures. . .

•In voice . . . .

•In everything. . . . .

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ABCDE Model of Emotion Processing

In a nanosecond. . . . .

• Action creates a situation….

• Brain – thinks about it…

• Consequence – action taken . . . .

• Direction – towards your goal. . .

• Effort – emotion triggers response . . . reinforces . . . . effort taken

From Roger R. Pearman, Understanding Emotions

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Emotion Processing Capabilities

Emotions inform. . . Must make sense. . . .

•Perceiving & Managing Emotions

•Self and Others

• Identify the emotion

•Decode the emotion

•Understand potential outcome

•Translate information into constructive choice – respond effectively/productively

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Emotional Intelligence

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Emotional Intelligence ..… Some Questions

• Do I have EI?

• Do I need EI?

• If I don’t have it, & I need it, how can I get it?

• Do lawyers need it? What’s it look like?

• Fake it? Finesse it? Gloss it? Delegate it?

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“Sharks………”

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“Minnows………”

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What is Emotional Intelligence?Emotional & Social skills that collectively establish how well we:

•Perceive and express ourselves

•Develop and maintain social relationships

•Cope with challenges

•Use emotional information in an effective and meaningful way

Emotional intelligence (EI) as defined and applied in the Emotional Quotient Inventory (EQ-i 2.0) ―reflects one’s overall well-being and ability to succeed in life.‖

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EI - 3 Major Models & Measures

according to Encyclopedia of Applied Psychology:

• Mayer-Salovey - ability to perceive, understand, manage and use emotions to facilitate thinking (MSCEIT)

• Goleman - emotional and social competencies that contribute to managerial performance(ECI)

• Bar-On - interrelated emotional and social competencies, skills and facilitators that impact intelligent behavior(EQ-i) [EQ-i 2.0 by MHS, Summer 2011]

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The EQ-i2.0 Model

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What is the EQ-i2.0?

• A way to accurately assess strengths and blind spots: Assessment completed on-line usually in less than 20 minutes

• A predictable way to measures current level of emotional and social functioning: receive feedback on your results from a Certified Administrator

• A vehicle for developing effectiveness in order to improve performance:Develop a customized action plan with a qualified professional in order to ensure you are focusing on the right development needs

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EQ-i2.0 Total EQ• Success in coping with

environmental demands

• A snapshot of overall well-being

• Made up of 5 general areas –―realms‖

• 5 composite scales break into 15 subsections or subscales

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What Does The EQ-i2.0 Measure?

Five distinct aspects of emotional and social functioning:

• Self-Perception – understanding your emotions – know and manage yourself

• Self-Expression – expressing your emotions

• Interpersonal – develop and maintain relationships

• Decision Making – use emotions to make better decisions

• Stress Management – cope with challenges

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Inner self…..

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Self-PerceptionConcerns your ability to know and manage yourself. The ―inner self‖. How in touch with your feelings you are, how good you feel about yourself, and about what you are doing in life. Aware of feelings, feel strong, and confidence in pursuing goals.

Embraces the following subscales:

• Self-Regard – confidence & feel good about me

• Self-Actualization – continuous development & pursuit of meaning

• Emotional Self-Awareness – understanding my emotions & impact on me and others

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Face the world…….

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Self - ExpressionDeals with the way you face the

world.

Includes the following subscales:

• Emotional Expression – saying how you feel and also expressing it non-verbally

• Assertiveness – standing up for yourself effectively & constructively

• Independence – self-directed and self-controlled & standing on your own two feet

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People skills……

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Interpersonal―People skills‖ – ability to

interact and get along

Consists of the following:

• Interpersonal Relationships –developing and maintaining good relationships

• Empathy – recognizing and appreciating how others feel

• Social Responsibility –contributing to society

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Decision Making….

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Decision MakingUse emotions in best way to solve problems & make optimal choices


• Problem Solving – effectively managing emotions when solving problems

• Reality Testing – seeing things as they really are

• Impulse Control – ability to resist or delay impulses

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Stress Management…..

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Stress ManagementAbility to be flexible, tolerate stress, and control impulses.


• Flexibility – adapting to change effectively

• Stress Tolerance – successfully coping with stressful situations

• Optimism – having a positive outlook

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Happiness….

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Happiness

• Feeling satisfied, enjoying life

• An indicator of overall well-being

• Experience ―zest‖ & enthusiasm in activities

• Not included in overall EQ-i2.0 results

• Impacts overall EQ-i2.0, closely linked to:

• Self-Regard

• Optimism

• Interpersonal Relationships

• Self-ActualizationD

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Alignment of the EQ-i2.0 Model of EI

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Why is EI Important?

• EI is not the sole predictor of human performance and development potential, BUT it is proven to be a key indicator in those areas.

• EI is not static…

• EI can be developed in targeted areas

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Emotional Intelligence Is Not. . . . .

•Cognitive Intelligence (IQ)

•Aptitude

•Achievement

•Vocational Interest

•Personality

•Static—Results can change over time

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IQ vs. EQ

I. Q.

• cognitive capacity and function abilities

• learn, recall, apply, think, reason, abstract

• strategic – long term capacity

• solve problems – apply what you learn

• think rationally

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IQ vs. EQ

E. Q.

• emotional, personal, survival

• adapting to and coping

• understanding self + relating to others

• dealing with environmental demands

• ―tactical‖ – immediate functioning

• ―common sense‖ & ability to get along

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Applying EI thru the EQ-i2.0

There are many ways the EQ-i2.0 can be used in the legal services environment:

• Selection – new hires & leaders

• Self-Awareness – career self-management

• Succession Planning – the future of the firm / department

• Leadership Development -

• Executive Coaching – growth challenges

• Team Effectiveness – strategic work management

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EI & EQ-i 2.0 – Important for Lawyers and Law Firms or Legal Departments?

BIG REASONS

• Recruitment and Retention

• Employee Development

• Professional Conduct

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EI & EQ-i 2.0 – Important for Lawyers and Law Firms/Legal Departments?

Recruitment & Retention

• Certified EQ-i 2.0 professionals, or other qualified personnel, using the EQ-i 2.0 as a screening tool in hiring, can assist firms in the selection of ―. . . emotionally intelligent, emotionally healthy, and the most-likely successful employees.‖

• When linked with interviews, and other sources of information, the EQ-i 2.0 can increase the reliability and efficiency of the recruitment process.

• Sound recruiting processes can lead to higher retention rates and reduced turnover, which results in costs savings, improved employee effectiveness, and increased morale.

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Employee Development

• The EQ-i 2.0 measures the interaction between a person and his or her environment.

• Assessing and evaluating a person’s EI can help to identify needs for targeted development programs and measures.

• The results of targeted development programs can increase individual performance, interpersonal relations, and leader potential.

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Emotionally intelligent lawyers will:

• Be aware of their feelings, feel strong, and have confidence in pursuing life’s goals

• Remain self-directed and openly expressive of thoughts and feelings in constructive and socially acceptable ways

• Inspire trust, understand, interact with and relate well to others in a variety of situations, including teams

• Grasp problems and devise effective solutions, deal effectively with situations, and manage impulses that may disrupt decision making

• And…..

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An emotionally intelligent lawyer will:

• Remain calm and focused

• Change direction or belief when presented with new evidence,

• Demonstrate resilience, maintain a positive attitude, and

• Constructively withstand adverse events and conflicting emotions without caving in.

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Questions about EI…..

The question is not:

Should I want to be an emotionally intelligent lawyer?

But,

How do I start……?

How will I look if I don’t…….?D

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Rules of ProfessionalConduct & E.I.

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EI and Lawyer Roles & Responsibilities

PREAMBLE

•A representative of clients:

• Advisor

• Advocate

• Negotiator

• Evaluator

All implicate Emotional Intelligence. . . . .

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PREAMBLE

•Professional functions:

• Competence

• Promptness

• Diligence

• Communication

• Confidentiality


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PREAMBLE

•Rules and Guides of Conduct:

• Rules of Professional Conduct

• Substantive law

• Procedural law

• Personal conscience

• Approval of peers


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PREAMBLE

• Conflicting responsibilities resolution:

• Rules of Professional Conduct

• Professional discretion

• Professional judgment

• Moral judgment

• Zeal

• Civility & courtesy


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RULE 4-1.1: COMPETENCE

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. . . . .

• Legal Knowledge and Skill

• Thoroughness and Preparation

• Maintaining Competence

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RULE 4-1.3: DILIGENCE

A lawyer shall act with reasonable diligence and promptness in representing a client. . . . .

•Workload must be controlled

•Procrastination issue

•Carry through to conclusion

•Scope of representationD

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RULE 4-1.4: COMMUNICATION

(a) A lawyer shall:

(1) keep the client reasonably informed about the status of the matter;

(2) promptly comply with reasonable requests for information; and

(3) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

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RULE 4-1.4: COMMUNICATION

• Client’s effective participation

• Sufficient information

• Tailored to circumstances of matter

• Regular communication

• Prompt acknowledgment

• Prompt response

• Tailored to individual client

• Appropriate timing

• Never withhold to serve other interests

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RULE 4-2.1: ADVISOR

In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors that may be relevant to the client's situation.

• Straightforward

• Beyond the law

• Sorting through information

• Pro-active

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RULE 4-3.1:

MERITORIOUS CLAIMS AND CONTENTIONS

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of existing law. * * *

• Fullest extent, but recognize limits

• Avoid frivolous action

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RULE 4-3.2: EXPEDITING LITIGATION

A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

• Delay routinely for personal convenience

• Delay to thwart or frustrate

• Always do it & it’s OK

• Substantial purpose standard

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RULE 4-3.4: FAIRNESS TO OPPOSING PARTY AND COUNSEL

A lawyer shall not:(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy, or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;

(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;

(c) knowingly disobey an obligation under the rules of a tribunal, except for an open refusal based on an assertion that no valid obligation exists;

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EI and Lawyer Roles & Responsibilities (d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;

(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant, or the guilt or innocence of an accused; * * *

• Fair competition

• Document integrity

• Witness payments

• Employee information

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Lawyers & EI – Volunteers Needed

• 2009 ―Big 50‖ MO Law Firm EI Survey results

• The beginning – Law School – brain training consequences: Carnegie Report . . .take: . . . too much head, not enough heart . . .

• The end - ―excellent lawyer‖ how defined?

• EI & the ―bottom line‖ – Law is a business: clients, resources, profits vs. happy life + long & productive career

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2009 MO Lawyer EI Survey

• > 75 sent, less than 3% responded

• Grades, grades, grades…most important

• Admitted own emotions derail work

• Admitted others’ emotions derail work

• Admitted being smart is not enough, but…grades……

• No EI training, no EI CLEs

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Excellent Lawyer & EI

Should I strive to . . .

be like Abe Lincoln…..

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Abraham Lincoln…..

―Discourage litigation. Persuade

your neighbors to compromise

whenever you can. Point out to them

how the nominal winner is often a

real loser -in fees, expenses, and

waste of time. As a peacemaker the

lawyer has a superior opportunity of

being a good [person]. There will

still be business enough.‖D

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Abe Lincoln -- an EI Lawyer……

• BRILLIANCE: astounding powers of concentration, comprehension, open-mindedness, discernment, and communication

• SELF-CONTROL: clean living habits and high integrity

• EMOTIONAL INTELLIGENCE: an aptitude for dealing with peers effectively

• SENSE OF PURPOSE: wanted to make a difference in the world

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Excellent Lawyer & EI

Should I strive to . . .

be like Abe Lincoln…..

Or be like. . . . . .

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EI & Work Success - AttorneysMHS Research

5 Most Important Factors - Attorneys High vs. Low Performers

1. Self – actualization

2. Happiness

3. Stress Tolerance

4. Assertiveness

5. Social Responsibility

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References – Business & Psychology

Bar-On, R. (1997). EQ-i: Technical Manual. Toronto: Multi-Health Systems, Inc.

Damasio, A.R. (1994). Descarte’s Error: Emotion, Reason, and the Human Brain. New York: Grosset/Putnam.

Hughes, M.,Thompson, H., Terrell, J. (Eds.) (2009). Handbook for developing emotional and social intelligence: best practices, case studies, and strategies. San Francisco, CA: Pfeiffer.

LeDoux, J. (1996). The Emotional Brain: The Mysterious Underpinnings of Emotional Life. New York: Simon& Schuster.

Pearman, R. (2002). Introduction to type and emotional intelligence. Mountain View, CA: CPP, Inc.

Pearman, R. (2007). Understanding emotions. Winston-Salem, NC: Leadership Performance Systems, Inc.

Pearman, R. (2008). Emotions and health. Winston-Salem, NC: Leadership Performance Systems, Inc.

Pearman, R. (2008). Emotions and leadership. Winston-Salem, NC: Leadership Performance Systems, Inc.

Pearman, R., Albritton, S. (2010). I’m not crazy, I’m just not you: the real meaning of the 16 personality types: secrets to how we can be so alike when we’re so different (2nd ed.). Boston, MA: Nicholas Brealy.

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References - Legal

Boston, T. (2009). The ultimate role model: what lawyers can learn from Lincoln. Texas Bar Journal, 72, 106-110.

Juergens, A. (2005). Practicing what we teach: the importance of emotion and community connection in law work and law teaching. Clinical Law Review, 11, 413- 424.

Mines, R.A., Meyer, R.A., Mines, M.R. (2004). Emotional intelligence and emotional toxicity: implications for attorneys and law firms. The Colorado Lawyer, 33(4), 91-95.

Muir, R. (2007). The importance of emotional intelligence in law firm partners. ABA Law Practice, 33(5), 60-65.

Richard, L. (2000). Hiring emotionally intelligent associates. Vermont Bar Journal, 26, 23-26.

Rosenberg, J.D. (2004). Interpersonal dynamics: helping lawyers learn the skills, and the importance, or human relationships in the practice of law. University of Miami Law Review, 58, 1225-1283.

Silver, M.A. (1999). Emotional intelligence and legal education. Psychology, Public Policy, And Law, 5, 1173-1203.

Silver, M.A. (2009). Supporting attorneys’ personal skills. Revista Juridica de la Universidad de Puerto Rico, 78, 147-165.

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References - Legal

•Rule 226 Kansas Rules of Professional Conduct

•Missouri Supreme Court Rule 4.0

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Web References – Emotional Intelligence

• Multi-Health Systems (EQ-i 2.0; MSCEIT) http://www.mhs.com

• Reuven Bar-On (EQ-i), http://www.reuvenbaron.org

• John Mayer (MSCEIT), http://www.unh.edu/emotional_intelligence

• Consortium for Research on Emotional Intelligence in Organizations, http://www.eiconsortium.org

• Daniel Goleman (ECI), http://danielgoleman.info

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http://www.mhs.com/

http://www.reuvenbaron.org/

http://www.unh.edu/emotional_intelligence

http://www.eiconsortium.org/

http://danielgoleman.info/

Thank you very much.

Thoughts?

Questions?

Feelings?

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Conclusion & Thank You!

• This presentation has provided just a brief introduction and overview of Emotional Intelligence as defined and assessed by the EQ-i 2.0, published by Multi-Health Systems.

• Please check out another source of information used here: The EQ-Edge: Emotional Intelligence and Your Success, 3rd

Ed., 2011, by Steven J. Stein, PhD & Howard E. Book, MD, a practical and usable guide to what EI is all about. See also www.mhs.com/ei.

Thank you very much.

Dan DeFoe, JD [email protected]

[email protected] EQ-i 2.0 Administrator

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http://www.mhs.com/ei

emotional intelligence a necessary and valuable tool for lawyers, legal departments, and firms

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