Do you think of yourself as a worrier for justice, or some such thing?
Many times when we think about terms like command and control we think about it in a military context. But, such terms have really been co-opted by the military.
Have you ever thought why some law firms seem to perform so well and some law firms seem to languish or seem to be putting out one fire after another? It is probably (or at least partly) for the reason that some lawyers are good at command and control, and many lawyers are not.
As for me? I am probably mediocre at command and control at best. Do not get me wrong, when I ran a large firm I did not mind playing the part of the jerk, but in reality I am a pushover in a lot of ways concerning those with which I work. I am fairly good at knowing my strengths and limitations and I have found that I am better at running a firm that is more fluid, that has disbursed lawyers collaborating with me, and in working for or against opposing counsel. I work better collaborating that in lording over a paid staff. In short, I can keep my eye on the ball, and I can explain to others why we need to keep our eyes on the objective, but I am not so good and forcing others to do so.
And, this is okay as far as I am concerned. In military circles they like to quote Frederick the Great on command and control techniques as he stated, "Soldiers should fear their officers more than all the dangers to which they are exposed ... Good will can never induce the common soldier to stand up to such dangers; he will only do so through fear."
Command and control for the military and others is too often the idea that people do what you tell then to do, and if they do not then you will yell at them and admonish them and punish them until they do.
That is not me. That is not most attorneys. I guess, that is what I felt like I needed to do in a large firm environment, and that is what made me so mediocre. Not being to live up to this aspect of command and control is what leads me to enjoy the Third Wave practice of law.
This said, do not believe for a moment that you can succeed either in Big Law or in the Third Wave or collaborative practice of law without sufficient command or control. You have to have a vision and you have to implement that vision. You have to know that you are up to it because it means the difference in success or failure, even if you are the only person in your firm.
I am talking about the command and control aspect that is defined as the exercise of authority and direction by a properly designated commander in the accomplishment of a mission. After all, what is the growth of a law practice or law firm, or the increasing in earnings and profit, or a case or client other than a mission.
Let us talk a moment about obtaining referrals, or settling a difficult case, or satisfying a demanding client. Each of these matters requires a sense of authority. Authority represents power in that it represents the ability to achieve certain ends. Authority refers to a claim of legitimacy. Content and your perceived control over the subject matter is what always helps. That is the reason that blogging, often times, is so important. It takes time to build authority (power), but you have to be mindful along the way not to diminish it with stupid or outrageous conduct and statements.
Then, or course, there is direction. We are not necessarily talking about geometry or geography in this regard. Call it writing direction, stage direction, film direction or statutory direction. Call it what you want, but you have to know where you want to take yourself, your firm, your family. This always has to be on top of your mind so it can referred to every decision you feel you need to make. What does that decision or action do in regard to the direction in which the firm is headed?
In this day and age, and especially in the Third Wave practice of law, there is no command and control center, no command and control wing or squadron or ship or post. That is all contained eternally in you, the lawyer.
Today, as lawyers, we are only helped by command and control technologies. These are mission critical solutions. The Internet, legal research sites, practice management software, time keeping and billing software, and telephony are great examples. It depends more on how we chose to employ these.
So, whether there is only one of you or many in a firm, you are only going to achieve if you excert reasonable command and control elements and decisions, chief among these being a sense of authority, helped on by mission critical software and support. As you try to find a sense of what you need to do among all of the interest competing for your attention, you need to always gauge these things through your command and control prism.
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