Emotional intelligence a necessary and valuable tool for lawyers, legal departments, and firms
Emotional Intelligence:A Necessary AndValuable Tool ForLawyers, LegalDepartments, 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 1 Dan DeFoe JD MS - 2011
Agenda• Emotions• Emotional Intelligence Dan DeFoe JD MS - 2011• Emotional Intelligence , Lawyers, & Rules of Professional Conduct 2
Foundational Concepts - Emotions• Play an important role in life• Ability to perceive, understand, use, and Dan DeFoe JD MS - 2011 manage emotions varies• Differences affect individual adaptation in many contexts, e.g. workplace• High smarts, but low emotion ….e.g. Damasio’s ―brilliant lawyer….‖ 5
Emotion Groups – Think 3• Pleasant – caring, joy, love• Neutral – anticipation, interest, surprise Dan DeFoe JD MS - 2011• Unpleasant – anger, disgust, embarrassment, fear, sadness 6
Some Truths About Emotions… • Provide information about mind-body system in a given situation • Affect every human endeavor • Feedback ….what is happening Dan DeFoe JD MS - 2011 • You generate by your own mind-body system • Your wiring … your emotion…. • ABCDEs…. 7 • Emotions show……
Emotions Show . . .•In face. . . .•In gestures. . . Dan DeFoe JD MS - 2011•In voice . . . .•In everything. . . . . 8
ABCDE Model of Emotion ProcessingIn a nanosecond. . . . .• Action creates a situation….• Brain – thinks about it… Dan DeFoe JD MS - 2011• Consequence – action taken . . . .• Direction – towards your goal. . .• Effort – emotion triggers response . . . reinforces . . . . effort taken 14 From Roger R. Pearman, Understanding Emotions
Emotion Processing CapabilitiesEmotions inform. . . Must makesense. . . .• Perceiving & Managing Emotions• Self and Others• Identify the emotion Dan DeFoe JD MS - 2011• Decode the emotion• Understand potential outcome• Translate information into constructive choice – respond effectively/productively 15
Emotional Dan DeFoe JD MS - 2011Intelligence 16
Emotional Intelligence ..…Some Questions• Do I have EI?• Do I need EI?• If I don’t have it, & I need it, how can I Dan DeFoe JD MS - 2011 get it?• Do lawyers need it? What’s it look like? 17• Fake it? Finesse it? Gloss it? Delegate it?
What is Emotional Intelligence?Emotional & Social skills that collectivelyestablish how well we:•Perceive and express ourselves•Develop and maintain social relationships Dan DeFoe JD MS - 2011•Cope with challenges•Use emotional information in an effective and meaningful wayEmotional intelligence (EI) as defined andapplied in the Emotional QuotientInventory (EQ-i 2.0) ―reflects one’s overall 22well-being and ability to succeed in life.‖
EI - 3 Major Models & Measuresaccording to Encyclopedia of Applied Psychology:• Mayer-Salovey - ability to perceive, understand, manage and use emotions to facilitate thinking (MSCEIT) Dan DeFoe JD MS - Copyright 2011• 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 23 (EQ-i) [EQ-i 2.0 by MHS, Summer 2011]
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 Dan DeFoe JD MS - 2011 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 27 you are focusing on the right development needs
EQ-i2.0 Total EQ• Success in coping with environmental demands• A snapshot of overall well-being Dan DeFoe JD MS - 2011• Made up of 5 general areas – ―realms‖• 5 composite scales break into 15 subsections or subscales 28
What Does The EQ-i2.0 Measure? Five distinct aspects of emotional and social functioning:• Self-Perception – understanding your emotions – know and manage yourself Dan DeFoe JD MS - 2011• Self-Expression – expressing your emotions• Interpersonal – develop and maintain relationships• Decision Making – use emotions to make better decisions• Stress Management – cope with challenges 29
Self-Perception Concerns 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. Dan DeFoe JD MS - 2011 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 31
Self - ExpressionDeals with the way you face the world.Includes the following subscales: Dan DeFoe JD MS - 2011• Emotional Expression – saying how you feel and also expressing it non- verbally• Assertiveness – standing up for yourself effectively & constructively• Independence – self-directed and 33 self-controlled & standing on your own two feet
Interpersonal―People skills‖ – ability to interact and get alongConsists of the following: Dan DeFoe JD MS - 2011• Interpersonal Relationships – developing and maintaining good relationships• Empathy – recognizing and appreciating how others feel 35• Social Responsibility – contributing to society
Decision Making Use emotions in best way to solve problems & make optimal choices Consists of the following: Dan DeFoe JD MS - 2011• Problem Solving – effectively managing emotions when solving problems• Reality Testing – seeing things as they really are• Impulse Control – ability to resist or delay impulses 37
Stress Management….. Dan DeFoe JD MS - 2011 39
Stress Management Ability to be flexible, tolerate stress, and control impulses. Consists of the following: Dan DeFoe JD MS - 2011• Flexibility – adapting to change effectively• Stress Tolerance – successfully coping with stressful situations• Optimism – having a positive outlook 40
Happiness• Feeling satisfied, enjoying life• An indicator of overall well-being• Experience ―zest‖ & enthusiasm in activities Dan DeFoe JD MS - 2011• Not included in overall EQ-i2.0 results• Impacts overall EQ-i2.0, closely linked to: • Self-Regard • Optimism • Interpersonal Relationships 42 • Self-Actualization
Alignment of the EQ-i2.0 Model of EI Dan DeFoe JD MS - 2011 43
Why is EI Important?• EI is not the sole predictor of human performance and development potential, BUT it is Dan DeFoe JD MS - 2011 proven to be a key indicator in those areas.• EI is not static…• EI can be developed in targeted 44 areas
Emotional IntelligenceIs Not. . . . . • Cognitive Intelligence (IQ) • Aptitude • Achievement • Vocational Interest Dan DeFoe JD MS - 2011 • Personality • Static—Results can change over time 45
IQ vs. EQ I. Q.• cognitive capacity and function abilities• learn, recall, apply, think, reason, Dan DeFoe JD MS - 2011 abstract• strategic – long term capacity• solve problems – apply what you learn• think rationally 46
IQ vs. EQ E. Q.• emotional, personal, survival• adapting to and coping• understanding self + relating to Dan DeFoe JD MS - 2011 others• dealing with environmental demands• ―tactical‖ – immediate functioning• ―common sense‖ & ability to get along 47
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 Dan DeFoe JD MS - 2011• Succession Planning – the future of the firm / department• Leadership Development -• Executive Coaching – growth challenges• Team Effectiveness – strategic work management 49
EI & EQ-i 2.0 – Important for Lawyers andLaw Firms or Legal Departments? BIG REASONS Dan DeFoe JD MS - 2011 • Recruitment and Retention • Employee Development • Professional Conduct 50
EI & EQ-i 2.0 – Important for Lawyers andLaw 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.‖ Dan DeFoe JD MS - 2011• 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 51 effectiveness, and increased morale.
EI & EQ-i 2.0 – Important for Lawyersand Law Firms/Legal Departments? Employee Development• The EQ-i 2.0 measures the interaction between a person and his or her environment. Dan DeFoe JD MS - 2011• 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. 52
EI & EQ-i 2.0 – Important for Lawyersand Law Firms/Legal Departments?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 Dan DeFoe JD MS - 2011 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 53• And…..
EI & EQ-i 2.0 – Important for Lawyersand Law Firms/Legal Departments? An emotionally intelligent lawyerwill:• Remain calm and focused Dan DeFoe JD MS - 2011• Change direction or belief when presented with new evidence,• Demonstrate resilience, maintain a positive attitude, and• Constructively withstand adverse events and conflicting emotions 54 without caving in.
Questions about EI….. The question is not:Should I want to be anemotionally intelligent lawyer? Dan DeFoe JD MS - 2011 But,How do I start……? 55How will I look if I don’t…….?
Rules of Professional Dan DeFoe JD MS - 2011Conduct & E.I. 57
EI and Lawyer Roles & Responsibilities PREAMBLE • A representative of clients: • Advisor • Advocate Dan DeFoe JD MS - 2011 • Negotiator • Evaluator All implicate Emotional Intelligence. . . . . 58
EI and Lawyer Roles & Responsibilities PREAMBLE • Professional functions: • Competence • Promptness Dan DeFoe JD MS - 2011 • Diligence • Communication • Confidentiality All implicate Emotional 59 Intelligence. . . . .
EI and Lawyer Roles & Responsibilities PREAMBLE • Rules and Guides of Conduct: • Rules of Professional Conduct • Substantive law Dan DeFoe JD MS - 2011 • Procedural law • Personal conscience • Approval of peers All implicate Emotional 60 Intelligence. . . . .
EI and Lawyer Roles & Responsibilities PREAMBLE • Conflicting responsibilities resolution: • Rules of Professional Conduct • Professional discretion Dan DeFoe JD MS - 2011 • Professional judgment • Moral judgment • Zeal • Civility & courtesy All implicate Emotional 61 Intelligence. . . . .
EI and Lawyer Roles & Responsibilities RULE 4-1.1: COMPETENCE A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and Dan DeFoe JD MS - 2011 preparation reasonably necessary for the representation. . . . . • Legal Knowledge and Skill • Thoroughness and Preparation • Maintaining Competence 62
EI and Lawyer Roles & Responsibilities RULE 4-1.3: DILIGENCEA lawyer shall act withreasonable diligence andpromptness in representing a Dan DeFoe JD MS - 2011client. . . . .• Workload must be controlled• Procrastination issue• Carry through to conclusion 63• Scope of representation
EI and Lawyer Roles & Responsibilities RULE 4-1.4: COMMUNICATION(a) A lawyer shall:(1) keep the client reasonably informed aboutthe status of the matter;(2) promptly comply with reasonable requestsfor information; and Dan DeFoe JD MS - 2011(3) consult with the client about any relevantlimitation on the lawyer’s conduct when thelawyer knows the client expects assistance notpermitted by the Rules of Professional Conductor other law.(b) A lawyer shall explain a matter to the extentreasonably necessary to permit the client tomake informed decisions regarding therepresentation. 64
EI and Lawyer Roles & Responsibilities RULE 4-1.4: COMMUNICATION• Client’s effective participation• Sufficient information• Tailored to circumstances of matter Dan DeFoe JD MS - 2011• Regular communication • Prompt acknowledgment • Prompt response• Tailored to individual client• Appropriate timing• Never withhold to serve other 65 interests
EI and Lawyer Roles & Responsibilities RULE 4-2.1: ADVISORIn representing a client, a lawyer shallexercise independent professionaljudgment and render candid advice. Inrendering advice, a lawyer may refer not Dan DeFoe JD MS - 2011only to law but to other considerationssuch as moral, economic, social, andpolitical factors that may be relevant tothe clients situation.• Straightforward• Beyond the law• Sorting through information 66• Pro-active
EI and Lawyer Roles & Responsibilities RULE 4-3.1: MERITORIOUS CLAIMS AND CONTENTIONSA lawyer shall not bring or defend aproceeding, or assert or controvert an Dan DeFoe JD MS - 2011issue therein, unless there is a basis in lawand fact for doing so that is not frivolous,which includes a good faith argument foran extension, modification, or reversal ofexisting law. * * *• Fullest extent, but recognize limits 67• Avoid frivolous action
EI and Lawyer Roles & Responsibilities RULE 4-3.2: EXPEDITING LITIGATIONA lawyer shall make reasonableefforts to expedite litigationconsistent with the interests of theclient. Dan DeFoe JD MS - 2011• Delay routinely for personal convenience• Delay to thwart or frustrate• Always do it & it’s OK 68• Substantial purpose standard
EI and Lawyer Roles & ResponsibilitiesRULE 4-3.4: FAIRNESS TO OPPOSINGPARTY AND COUNSELA lawyer shall not:(a) unlawfully obstruct another partys access toevidence or unlawfully alter, destroy, or conceala document or other material having potentialevidentiary value. A lawyer shall not counsel or Dan DeFoe JD MS - 2011assist another person to do any such act;(b) falsify evidence, counsel or assist a witness totestify falsely, or offer an inducement to awitness that is prohibited by law;(c) knowingly disobey an obligation under therules of a tribunal, except for an open refusal 69based on an assertion that no valid obligationexists;
EI and Lawyer Roles & Responsibilities(d) in pretrial procedure, make a frivolousdiscovery request or fail to make reasonablydiligent effort to comply with a legally properdiscovery request by an opposing party;(e) in trial, allude to any matter that the lawyerdoes not reasonably believe is relevant or thatwill not be supported by admissible evidence, Dan DeFoe JD MS - 2011assert personal knowledge of facts in issueexcept when testifying as a witness, or state apersonal opinion as to the justness of a cause,the credibility of a witness, the culpability of acivil litigant, or the guilt or innocence of anaccused; * * *• Fair competition• Document integrity 70• Witness payments• Employee information
Lawyers & EI – Volunteers Needed• 2009 ―Big 50‖ MO Law Firm EI Survey results• The beginning – Law School – brain training consequences: Carnegie Report . . Dan DeFoe JD MS - 2011 .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 72
2009 MO Lawyer EI Survey• > 75 sent, less than 3% responded• Grades, grades, grades…most important• Admitted own emotions derail work Dan DeFoe JD MS - 2011• Admitted others’ emotions derail work• Admitted being smart is not enough, but…grades……• No EI training, no EI CLEs 73
Excellent Lawyer & EI Should I strive to . . . Dan DeFoe JD MS - 2011 be like Abe Lincoln….. 75
Abraham Lincoln….. ―Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a Dan DeFoe JD MS - 2011 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 76 still be business enough.‖
Abe Lincoln -- an EI Lawyer……• BRILLIANCE: astounding powers of concentration, comprehension, open-mindedness, discernment, and communication• SELF-CONTROL: clean living Dan DeFoe JD MS - 2011 habits and high integrity• EMOTIONAL INTELLIGENCE: an aptitude for dealing with peers effectively• SENSE OF PURPOSE: wanted to make a difference in the world 77 72 Tex. B.J. 106
Excellent Lawyer & EI Should I strive to . . . be like Abe Lincoln….. Dan DeFoe JD MS - 2011 Or be like. . . . . . 78
EI & Work Success - Attorneys MHS Research 5 Most Important Factors - Attorneys High vs. Low Performers1. Self – actualization Dan DeFoe JD MS - 20112. Happiness3. Stress Tolerance4. Assertiveness 815. Social Responsibility
References – Business & PsychologyBar-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 Dan DeFoe JD MS - 2011 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 83 how we can be so alike when we’re so different (2nd ed.). Boston, MA: Nicholas Brealy.
References - LegalBoston, 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. Dan DeFoe JD MS - 2011Richard, 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. 84
References - Legal•Rule 226 Kansas Rules of Professional Conduct Dan DeFoe JD MS - 2011•Missouri Supreme Court Rule 4.0 85
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 Dan DeFoe JD MS - 2011• John Mayer (MSCEIT), http://www.unh.edu/emotional_intelligence• Consortium for Research on Emotional Intelligence in Organizations, http://www.eiconsortium.org• Daniel Goleman (ECI), 86 http://danielgoleman.info
Thank you very much. Thoughts? Dan DeFoe JD MS - 2011 Questions? Feelings? 87
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 Dan DeFoe JD MS - 2011 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 MS firstname.lastname@example.org email@example.com 88 Certified EQ-i 2.0 Administrator