REPRINTED WITH PERMISSION FROM THE THE BUSINESS MAGAZINE FOR LAWYERS Top … · 2004-11-05 · These are but a select number of the unique qualities pos-sessed by the young lawyers

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T H E B U S I N E S S M A G A Z I N E F O R L A W Y E R SREPRINTED WITH PERMISSION FROM THE NOVEMBER/DECEMBER 2004 ISSUE OF LEXPERT®

Top 40:

AND UNDER

Front: Jennifer Kennedy;Second Row: Mahmud Jamal, Melanie Aitken;Third Row: Jeffrey Lloyd, Marc-André Blanchard

L E X P E R T ® N O V E M B E R / D E C E M B E R 2 0 0 4 1

Question. What do high achievers in law, such asthe “2004 Top 40: 40 and Under 40” profiled in this issue ofLexpert, have in common with world-class achievers such asOlympic athletes, successful executives from financial insti-tutions such as Citibank, or the US Navy SEALs?

Answer. How about a way of thinking, learningand concentrating that differs significantly from 90 per centof the population? For example, possession of two skills nor-mally thought of as mutually exclusive—intense detailedfocus and concentration coupled with big picture conceptualstrategic thinking. Or an almost inexplicable drive forachievement and success that appears to originate in a varietyof sources, such as adversity and challenge in the formativeyears? Or a predisposition (i.e., hard-wiring) that ensures anunstoppable need to compete and win? Or how about anincredibly strong sense and knowledge of self? Or an intuitivesense of others by which one can “read” what is implicit orunderstand subtle body language and gestures?

These are but a select number of the unique qualities pos-sessed by the young lawyers (40 years of age and under) pro-filed in this issue of Lexpert. Qualities which, in large part,they share with other high achievers, such as Olympic ath-letes or successful financial executives.

Top 40:

AND UNDER

By Irene E. Taylor

Front: Jennifer Kennedy;Second Row: Mahmud Jamal, Melanie Aitken;Third Row: Jeffrey Lloyd, Marc-André Blanchard

Melanie AitkenPartnerBennett JonesToronto

William FungPartnerFraser Milner Casgrain Toronto

Anne KirkerPartnerMacleod DixonCalgary

Steeve RobitaillePartnerStikeman ElliottMontreal

Michelle AwadPartnerMcInnes CooperHalifax

James GagePartnerMcCarthy Tétrault Toronto

Edmond LamekPartnerFasken MartineauDuMoulinToronto

Jeffrey RogersPartnerMcMillan BinchToronto

Marc-André BlanchardPartnerMcCarthy TétraultMontreal

Kelly GillPartnerGowling LafleurHendersonToronto

Jonathan LisusPartnerMcCarthy TétraultToronto

Maureen RyanPartnerStewart McKelveyStirling ScalesSt. John’s

Noralee BradleyPartnerBennett JonesCalgary

Shahir GuindiPartnerOsler, Hoskin & HarcourtMontreal

Jeffrey LloydPartnerBlake, Cassels &GraydonToronto

Brian SalpeterPartnerDavies Ward Phillips& VinebergMontreal

Editor’s Note: The methodologyemployed in selecting the 2004Top 40 was as follows. Candi-dates had to be 40 years of ageor younger. The survey results for27 of the 59 practice areas fromThe 2004 Lexpert Directory wereexamined. These practice areaswere: banking, competition,computer and IT, technology,corporate commercial, corporatefinance, mergers and acquisi-tions, corporate tax, asset securi-tization, derivatives, investmentfunds, energy (electricity and oil& gas), entertainment, environ-ment, insolvency and corporaterestructuring, IP, IP litigation,labour relations, litigation(including class action, commer-cial insurance, corporate com-mercial, securities), propertydevelopment, property leasing,personal tax planning and taxlitigation.

For these practice areas for2004 questionnaires were sentto 10,713 practitioners and in-house corporate counsel. 5,959completed questionnaires werereceived back, providing aresponse rate of 55.62 per cent.The selects were made on thebasis of the highest overall scoresas well as strong endorsementfrom firm colleagues.

Andrew BrodkinPartnerGoodmansToronto

Sunny HandaPartnerBlake, Cassels &GraydonMontreal

Marc MacMullinPartnerMcCarthy TétraultToronto

Solomon SananesPartnerOgilvy RenaultMontreal

Lydia BugdenPartnerStewart McKelveyStirling ScalesHalifax

Scott HymanPartnerDavies Ward Phillips& VinebergToronto

Neill MayPartnerGoodmansToronto

Christian SioufiPartnerOgilvy RenaultMontreal

Nigel CavePartnerBorden Ladner Gervais Vancouver

Mahmud JamalPartnerOsler, Hoskin & HarcourtToronto

Jennifer NorthcotePartnerStikeman ElliottToronto

Cheryl SlusarchukPartnerMcCarthy TétraultVancouver

Matthew CockburnPartnerTorys Toronto

Warren KatzPartnerOsler, Hoskin & HarcourtMontreal

Marilyn PatersonPartnerBorden Ladner GervaisCalgary

Craig SpurnPartnerBlake, Cassels &GraydonCalgary

Brian FaceyPartnerBlake, Cassels & GraydonToronto

Fiona KellyPartnerDavies Ward Phillips& VinebergNew York

Linda PlumptonPartnerTorysToronto

Craig StoryPartnerFraser Milner CasgrainCalgary

Michael FeketePartnerOsler, Hoskin & HarcourtToronto

Jennifer KennedyPartnerMacleod DixonCalgary

Dee RajpalPartnerStikeman ElliottToronto

Patrice Walch-WatsonPartnerTorysToronto

4 L E X P E R T ® N O V E M B E R / D E C E M B E R 2 0 0 4

This article examines what combination of various skill setsand attributes create the basis or wherewithal of professionalexcellence. Thirty nine members of this group of 40 com-pleted in-depth interviews with the author. Almost all mem-bers of our group completed confidential assessments forEmotional Intelligence (EQ), Study of Values (SOV), as wellas a relatively new assessment used to identify those qualitiesmost common among high achievers. This assessment is theAttentional and Interpersonal Style Inventory (TAIS). Devel-oped by Dr. Robert Nideffer, a leading leadership and organi-zation psychologist in the US, TAIS measures the qualitiescentral to effective performance. Finally, a new MotivationAssessment was completed by the members of this group.

The group scores on the four different assessments, plusthe background information and insight acquired during thein-depth interviews,provided a compellingexplanation as to whysome lawyers are strik-ingly more successful, ina professional sense,than others. Law firmsmay wish to considerhow their recruitment,training, and compensa-tion programs can bestbe designed to facilitatethe acquisition andretention of such talent.

Executive SummaryHe or she may be Anglophone or Francophone. Egyptian,

Indian, or Anglo-Saxon. His or her socio-economic back-ground is largely immaterial. What is hugely important, how-ever, is the various hard-wired qualities beginning with rawintelligence (IQ) that enable these high achievers to think,problem solve and verbalize differently than about 90 percent of everyone else. The TAIS and Motivation assessmentsclearly establish that this hard-wiring of high achievers isassociated with other qualities, such as the drive to compete,win, control and dominate.

These qualities, however (and importantly), are temperedby other qualities that are both hard-wired and learnedthrough socialization (the precise mix is still unknown to psy-chologists). Examples include high levels of empathy, anintrinsic need to make a worthwhile contribution, and a deep-seated ability to deal with stress and adversity.

The academic background of these young lawyers is also

largely irrelevant. They have studied math, science, philoso-phy, political science, whatever. All, of course, have lawdegrees. No one, however, has an MBA. Interviews repeat-edly disclosed how these individuals are “action learners” whorapidly learn through a form of “osmosis” from those aroundthem and the work they do. The analytical thinking skillsacquired in law school probably provide part of the explana-tion for their ability to quickly assimilate large, disparate blocksof information. Their intellect and intellectual curiosity isanother part of the explanation.

Their curriculum vitae belie their age. Without exception,they have a long track record of accomplishment. A goodnumber teach, as well as practise, law. Many write, not onlynumerous academic articles, but important texts.

Of great importance is the unique ability of these younglawyers to successfullycombine detail atten-tion, conceptual andstrategic thinking andeffective multi-tasking.These skills sets areoften considered mutu-ally exclusive. Thisinsight is fundamentalto understanding thesuccess of our group. Itprovides significantcompetitive advantage.

However, just as every upside has a downside, they are farfrom perfect. Their group profile reveals a characteristic prac-tice (need?) of imposing their standards of perfection, moti-vation, work ethic, etc. on others. They can drive colleaguesto distraction. Their ability to concentrate on detail and stillmulti-task is a double-edged sword. They bore easily and areoften involuntarily less than diplomatic with others lessskilled. They are happiest when completely immersed in dif-ficult work with equals and/or formidable competitors in ahands-on fashion.

As many of our high achievers have become or will becomeleaders, they are likely to face difficult personal and profes-sional challenges. For example, many will struggle with dele-gation. Importantly, a delicate balance exists between manyof the attributes or drivers of success they possess. If one ofthese attributes (for example, a strong need for control)moves to the forefront, it may result in serious work relation-ship disruption as these high achievers are also generallyuncompromising in their independent, assertive, and com-petitive natures.

TOP 40: 40 AND UNDER 40

What is hugely important, however, is thevarious hard-wired qualities beginning withraw intelligence (IQ) that enable these high

achievers to think, problem solve and verbalize differently than about 90 per centof everyone else. The TAIS and Motivation

assessments clearly establish that this hard-wiring of high achievers is associatedwith other qualities, such as the drive to

compete, win, control and dominate.


Their lifestyle is varied. Single, married with young children,it really doesn’t matter much. They are highly ethical. Othervalues, however, are diverse.As predicted by RichardFlorida in The Rise of theCreative Class (2002, NewYork), this group is protec-tive of their personal life.Privacy is important. Theywill reveal to others onlywhat they choose to reveal.

Finally, this group hasan impressive list of mentors who may well be their mostvaluable source of learning, particularly intangible skills suchas negotiation, tactical/strategic insight, and judgment.

Now for specifics.

TAISDr. Robert Nideffer developed and validated the Atten-

tional and Interpersonal Style Inventory Assessment in 1983.It has been used by Olympic teams (US, Canadian, Italian,and Australian), Citibank, Magna, General Motors, theBoston Celtics, the US Navy SEALs, and many others. Inshort, he has seen all kinds of talent.

Dr. Nideffer reviewed the TAIS scores of the young lawyersprofiled in this article. His comments were unequivocal.“These lawyers have all of the indications of world-class tal-ent. Their TAIS scores reveal a number of abilities that arecritical to success. For example, their ability to analyze andsolve complex problems strategically (termed Analysis forTAIS purposes) is within the 92nd percentile of our normgroup. Considering that this norm group is already com-prised of highly effective professionals, this is significant andimpressive.”

As the TAIS scores reveal, the strongest skills of this groupare their:

self-confidence to get things done (94th percentile);ability to multi-task (termed Information Processing),which involves handling multiple tasks at the same time(93rd percentile);strategic/conceptual problem solving (termed Analysis),which involves putting real time information into alarger past, current, and forward context (92nd per-centile); andleadership abilities (termed Control), which involvestaking charge (91st percentile).

The TAIS assessment also includes a number of scaleswhere low scores are prized in that such scores are indicative

of success. For example, External Distractibility measures theextent to which individuals can be drawn away from an

important task by inter-ruptions (for example,telephone calls, newdevelopments on otherfiles, etc.). Individualswith high distractibilityscores need to stay awayfrom busy or chaotic envi-ronments to concentrate.Those with low dis-

tractibility scores can generally concentrate and stay focusedeven in busy or chaotic situations—a significant advantage.

The 40 lawyers in our group scored low on the TAIS scaleswhere low scores are strongly indicative of the probability ofcareer success. Their four lowest scores are:

Reduced Flexibility, which measures the extent to whichan individual will make mistakes because of narrowingattention too much (i.e., excessive focus) (5th per-centile);Speed of Decision Making where the lower the score thehigher the ability to make fast decisions under pressure(9th percentile);Internal Distractibility, which measures vulnerability tointerruption by irrelevant thoughts and feelings (16thpercentile); andExternal Distractibility, which measures vulnerability tointerruption by external factors such as noise, unex-pected visits by colleagues, etc. (19th percentile).

In summary, on the basis of their TAIS scores, our groupis composed of strong, self-confident individuals who arevery good at quickly figuring out what is going on in com-plex and/or adversarial situations. They score in the 79th per-centile in terms of awareness and comprehension respectingtheir environment. They are able to analyze, successfullyplace issues in context, propose strategic solutions, and thentake charge and become immersed in every aspect of carryingforward the transaction or dispute. They do all of this whilecompetently handling other responsibilities and holding lowpriority distractions to a minimum.

Focused Strategists Who Multi-TaskAs noted by Dr. Nideffer in his comments regarding these

profiled lawyers, “Their wiring is clearly different fromother groups.” Nideffer goes on to add that “CEOs andexecutives, for example, are great at the conceptual and


Of great importance is the unique abilityof these young lawyers to successfullycombine detail attention, conceptualand strategic thinking and effective

multi-tasking. These skills sets are oftenconsidered mutually exclusive. This

insight is fundamental to understandingthe success of our group.

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strategic big picture tasks, but generally much less successfulwith details, which is why they surround themselves withpeople they can delegate such responsibilities to. World-classathletes are exactly the opposite. They can focus on the small-est details in the precision of a move, but are typically not greatat big picture strategicthinking.” But, explainsNideffer, “these lawyersappear to be highly effec-tive at both (i.e., detail ori-entation and strategic bigpicture) and, further, theycan multi-task while stillconcentrating on the singletask at hand!”

It is difficult to overem-phasize the importance ofthe TAIS scores of ourgroup, as explained by Dr. Nideffer. The unique ability to suc-cessfully combine detail attention, conceptual and strategicthinking, and effective multi-tasking represents an enormouscompetitive advantage. This insight is fundamental to under-standing the success of the group.

In retrospect it is clear that this normally mutually exclu-sive combination of skills was highlighted by members of thisgroup when, in interview after interview, they spoke of thetumultuous nature of their practice and their need to be ableto compartmentalize effectively.

The Leadership ChallengeHowever, there is a downside to this ambidexterity. Nidef-

fer argues that there is a particular point in time during themanagement of a large transaction, or a large organizationsuch as a major law firm for that matter, where the leader (orwould-be leader) must be able to exercise sufficient self-disci-pline to step away from the front lines. According to Nidef-fer, “The greatest challenge and developmental need of theselawyers may well be one of leadership.”

When Nideffer collates the group scores on all TAIS scalesto reach a composite picture, looking for the “balance”referred to earlier in this article, he sees too much strength inthe need for control, particularly hands-on control. Thisimbalance, or potential imbalance, can negatively impact oneffective delegation, mentoring, and, ultimately, assumptionof leadership roles.

Emotional IntelligenceOn the surface there is really nothing new about the EQ

skills, as contrasted to IQ, of our group. Emotional intelligenceis a set of non-cognitive skills that determine (i) how effectivelypeople deal with a generally adverse environment characterizedby difficult challenges, change, stress, and problems; (ii) howwell they develop meaningful and mutually supportive/respon-

sible relationships withothers; and (iii) whetherthey adopt attitudes thatprovide meaning, purpose,hope, and happiness.

If the above descriptionof EQ reads like a psycho-logical placebo, it isimportant to keep in mindthe “hard fact” that inrecent years EQ hasrepeatedly been found tobe the most reliable pre-

dictive measure of professional success. As Figure 1 on page70 shows, the average EQ scores of these 40 lawyers are wellabove average. Taking into account the “averaging out” effectof individual differences with respect to unique strengths andweaknesses, their overall scores are very impressive. The keyEQ strengths of our group, as shown in Figure 2, are:

• Independence;• Stress Tolerance;• Assertiveness; and • Problem Solving and Optimism (tied scores).Areas of relative weakness, as shown in Figure 3, are:• Flexibility;• Interpersonal Relationships; and• Emotional Self-Awareness and Happiness (tied scores).With respect to these areas of relative weakness, it should

be noted that the scores of this group are still at the high-endof average scores, which means they are as capable in theseareas as most. Further, unlike IQ, these skills can be self-improved.

How EQ Contributes to SuccessAs pointed out in “Canada’s Top 25 Corporate Litigators,”

(Lexpert, April 2002), one of the attributes that characterizedleading litigators was significantly higher levels of empathy.As an EQ skill, empathy goes beyond the ability to put one-self in another’s situation, i.e., “to walk around in his shoes.”For our purposes, empathy encompasses the ability to accu-rately “read” other people and properly interpret one’s ownintuition in such matters. Highly effective litigators have an


When Nideffer collates the group scoreson all TAIS scales to reach a composite

picture, looking for the “balance”referred to earlier in this article, he sees

too much strength in the need for control, particularly hands-on control.

This imbalance, or potential imbalance,can negatively impact on effective

delegation, mentoring, and, ultimately,assumption of leadership roles.



almost unnerving ability to“read” which way a judge is lean-ing, where a witness feels vulner-able, and so forth.

Of our group, Jonathan Lisusat McCarthy Tétrault in Torontois but one example of a successfullitigator possessing the pro-nounced empathy common topractically all top litigators. Withrespect to empathy, the EQscores of Lisus effectively meanhe is better than about 97 percent of everyone else in “reading”people. This is a huge competi-tive advantage.

A One-Two PunchIt gets even more interesting.

When one considers the EQassessment scores of Lisus againsthis TAIS assessment scores, bothassessments completed indepen-dently of one another, the out-lines of an important one-twopunch emerge. One of the skillsmeasured by the TAIS assessmentis labeled Awareness, which isdefined as an individual’s sensi-tivity to what is going on in theirenvironment and includes “sensi-tivity to subtle interpersonalcues.” Jonathan Lisus scores bet-ter on this skill or attribute than99 per cent of the general popu-lation. When one considers hisEQ skills of Empathy togetherwith his TAIS skills of Awareness,the end result is nothing short ofstunning. It goes a long way inexplaining why he is a member ofthis group of 40, and his successas a litigator.

The assessments of thisremarkable group of younglawyers are replete with similarreinforcing patterns of various


Highest EQ Scales of Top 40

Lowest EQ Scales of Top 40

Figure 2

Figure 3

General Comparison of EQ Scores

Figure 1


skill sets. However, there is more to learn from the correlationof the assessment scores of our group and their respectivebackgrounds.

Action LearnersBefore considering motivation (which will be addressed

shortly), the EQ and TAIS results of this group provide con-siderable assistance in understanding why it is that so manywork with such apparent ease with complex financial, engi-neering, or other such disciplines completely unrelated to law.

Andrew Brodkin is an intellectual property partner atGoodmans in Toronto. Brodkin spends a good part of his daycritically evaluating the scientific/legal interface of difficultpatent disputes for important clients such as Apotex. He jok-ingly bemoans the fact he didn’t pay more attention to chem-istry in high school. “Who would have known?”

If the absence of an academic sciences background everhindered Brodkin, that day is long gone. He now regularlycross-examines senior chemists challenging their testimony intheir area of professional specialization, not his. How did hecome so far?

The contribution of skilled mentors is part of the answer.Similarly, the assistance ofpharmaceutical scientistswith clients like Apotex isessential. But, more impor-tantly, Brodkin’s intellectcoupled with his need tosucceed, competitiveness,and powers of concentra-tion and adaptability, asmeasured by the TAIS and EQ assessments, enable him toquickly assimilate significant blocks of disparate information.He accelerates up the learning curve through a process ofrapid “osmosis.” Professional recognition and self-knowledge,as Brodkin acknowledges, are important motivators. “I hategetting passed over for anything really good. I will do almostanything for even faint praise.”

All Talent is Not EqualThe four confidential assessments completed by this

group, together with their curriculum vitae and interviews,reveal that even among this collection of high achievers thereis a normal distribution curve. There is clearly a group ofsuperstars who will likely become leaders in their respectivepractice areas and enjoy national reputations. There are otherindividuals who have not yet reached their full potential.And, they may never do so without strong mentoring or

coaching to round out the rough edges of particular compo-nents making up their otherwise truly impressive skill sets.

Also, it is apparent that when it comes to professional suc-cess, one or two exceptionally unique skills may combine toyield a decisive competitive edge. Every one of our 40 lawyerspossess their own talent configurations. Some, however, playmore consciously and effectively to their strengths than others.

Invaluable MentoringA further part of the explanation as to how members of our

group have been able to fast-track their learning curve andbypass more traditional forms of knowledge acquisitioncomes directly from who they have learned from. It is imme-diately apparent from the names of those they list as mentorsthat they have enjoyed a unique and privileged advantage.Mentors repeatedly noted include Brian Levitt at Osler,Hoskin & Harcourt, Thomas Heintzman, Q.C., atMcCarthys, Norman Steinberg and Jim Riley at OgilvyRenault, Dale Lastman at Goodmans, Peter Jewett at Torys,George MacDonald, Q.C., at McInnes Cooper, and so on.

Members of this group clearly appreciate the value of effec-tive mentoring. Most importantly, they understand the sig-

nificance of strong mentor-ing in accelerating develop-ment of intangible skillssuch as negotiation, techni-cal/strategic insight, andjudgment.

Kelly Gill, an intellectualproperty partner at GowlingLafleur Henderson in

Toronto, speaks directly as to the dynamic of effective men-toring when he relates the following story. Gill recently spentconsiderable time on a case that was led by one of his men-tors, Scott Jolliffe. The case, CCH Canadian Ltd. v. Law Soci-ety of Upper Canada, [2004] IS.C.R. 33, was long and hard.Kevin Sartorio, a young student, worked with Gill and Jol-liffe. It was Sartorio’s first case. “We went all the way to theSupreme Court of Canada,” recalls Gill. “I learned animmense amount from Scott, a superb litigator, strategist,and mentor. Sartorio learned from both of us every step ofthe way. It was intense, intellectually challenging and incred-ibly satisfying. I think at times that all three of us forgot thiswas supposed to be work.” Gill exudes a quiet sense ofachievement, pride and purpose.

There were numerous other stories of mentorship relatedby our group, many as personal and gratifying as Gill’s. Whatsurfaces is that these young lawyers have been able to access


Brodkin’s intellect coupled with hisneed to succeed, competitiveness, and

powers of concentration and adaptability, as measured by the TAIS

and EQ assessments, enable him toquickly assimilate significant blocks of

disparate information.


top-tier skill sets, an invaluable learning opportunity. Accesssuch as this is an “earned” privilege.

Generally, successful senior lawyers give most generouslyof their time, client contacts and knowledge to those whothey sense are the best,brightest and most moti-vated. They properly feel asense of responsibility togroom the next generation.Time, however, is limited.Young lawyers who do notmeasure up to their stan-dards of excellence anddrive, however, frequentlyfind themselves quickly “orphaned.” Strength reinforcesstrength. The end result may very well be a growing disparitywithin the profession between those “at the top” and “every-one else.”

Emerging Guilds of ExcellenceRichard Florida predicted the emergence of “guilds of

excellence” in The Rise of the Creative Class. Jim Riley atOgilvy Renault made much the same observation in a recentLexpert article (“Beyond Superficial Social Skills,”July/August 2004) when he noted that “increasingly the samegroup of people are working together.”

Emerging guilds of excellence refers to the “clustering” ofhighly talented people with common professional skills andinterests. A good example is provided by Brian Facey, a well-regarded competition practitioner, who not long ago joinedBlake, Cassels & Graydon in Toronto as a lateral recruit.“One of the key reasons I came here was to have the oppor-tunity to work with Cal Goldman and Neil Finkelstein.Working with the top people like this is an incredible oppor-tunity.”

This clustering of high-achieving, like-minded, talentedspecialists, as Florida argues, is only now beginning inearnest. Again, as Florida argues, the implications are pro-found.

In earlier articles respecting legal recruitment (see “LateralRecruitment, Flame Throwers and Monsters Under the Bed,”Lexpert, January 2003, etc.), it was noted that one of the mostimportant reasons lawyers go to new firms is the all-impor-tant platform. Platform is a combination of best talent (andsupporting practice groups), best clients and best work. Firmswith successful platforms are generally considered to have thegreatest opportunity to attract additional top talent andthereby strengthen even further the various components of

their platform. The brass ring of platform strategy is per part-ner revenues and per partner profits, which afford evengreater leverage in platform building.

The self-fulfilling or cascading end result of clustering fortop-tier firms is obvious. Italso strongly suggests whatroute second-tier firmsmust follow, i.e., targetedrecruitment to build cen-tres of excellence, practicearea by practice area, asopposed to across-the-board recruitment lackingdepth. Clustering revolves

around the intellectual stimulation and sheer enjoyment thatlike-minded high achievers experience working with oneanother. The centrifugal force that these attributes generate issimply too strong to allow “thin” broad-based recruitment.

What is Valued Most?The Study of Values Assessment (SOV) asks individuals a

series of questions that measure their highest and lowest val-ues. There are six key value orientations: theoretical, eco-nomic, aesthetic, social, political, and religious.

Our opening hypothesis was that these 40 lawyers woulddemonstrate clear patterns around what they value. This didnot happen. While the individual value profiles of our groupwere enlightening, especially in conjunction with their otherassessments and interviews, the scores “cancelled one anotherout,” basically because they were too diverse. However,important lessons were learned.

For example, one lawyer identified religion as his mostprofound value. This individual is a superb corporatelawyer and excellent business developer, generating signifi-cant revenue for his firm. One could be excused for mis-takenly assuming that financial success would be of morevalue to him.

This and other examples graphically illustrate that whatmotivates people in their work may not necessarily be whatthey value most. Second, personal values are but one compo-nent. Playing to one’s natural abilities and being very suc-cessful professionally because of particular talents is not nec-essarily at odds with what one personally values the most.

Dr. Steven Stein, President of Toronto-based MHS, sees anumber of interesting relationships between the values of thisgroup and emotional intelligence. For example, the moretheoretically oriented are lower in their social responsibility.Those who are more socially and religiously oriented are


Clustering revolves around the intellectual stimulation and sheer enjoyment that like-minded high

achievers experience working with oneanother. The centrifugal force that

these attributes generate is simply toostrong to allow “thin” broad-based

recruitment.


higher in their social responsibility—they care more aboutothers around them and in the world generally.

Flexibility is negatively related for those who score higheron economics. In other words, those who are more motivatedby earnings tend to approach things more rigidly. Those whoare motivated politically are higher in their reality testing—their ability to accurately perceive other people and the worldaround them. Those who are more aesthetic—love art andliterature—are less reality oriented.

The more religious and social members of this group arealso more empathic. Those more driven by social values arealso more flexible and happier.

Generally, however, members of this group are not success-ful because of their personal values. Their values are interest-ing dimensions of their diversity. In law firms today, talent iswhat matters most. This welcome reality opens the doors forall types of diversity.

DiversityEmbracing diversity will present huge opportunities for

law firms. On the other hand, ethical considerations aside,failure to do so will present huge costs.

Baby Boomers, individuals born between 1946 and 1965,presently comprise approximately 60 per cent of the work-force. They will shortlyretire in massive numbers(see “Retiring MandatoryRetirement” in this issueof Lexpert). As pointedout in a 2003 NationalAssociation of Manufacturers Report in the US, “The labourshortages that plagued high-tech companies in the halcyondays of 1999 and 2000 will look like a minor irritation” com-pared to what is on the horizon.

Toronto and Vancouver have the highest concentration ofimmigrants in North America, with 43.7 and 37.5 per centof their respective populations coming from other countries.By comparison, only 24.4 per cent of New Yorkers were bornoutside the US.

The opportunities are obvious. It is useful to quote a recentarticle by Richard Florida (“America’s Looming CreativityCrisis,” Harvard Business Review, October 2004) at length.“Chinese and Indian engineers were running nearly 30 percent of California’s high-tech companies in the 1990s—upfrom 13 per cent in the early 1980s…these firms collectivelyaccounted for nearly US$20 billion in sales and more than70,000 jobs.

Trends are eye-opening, but individual cases are perhaps

even more important. What if, for example, Vinod Khosla,the co-founder of Sun Microsystems and venture capital lumi-nary who has backed so many blockbuster companies, hadstayed in India? Or if An Wan, founder of Wang Laboratories,had gone to university in Europe? These are people whose cre-ative genius had affected the trajectory of entire industries;their breakthroughs and business acumen have helped set inmotion what the economist Joseph Schumpeter liked to callthe ‘gales of creative destruction’ that create new companiesand industries and completely remake existing ones.”

Recognizing TalentFor the most part, the golden rule of talent recognition

continues to apply. That is, the past is the best predictor ofthe future. Members of our group have personal, academic,and professional track records that speak to solid and contin-uous achievement. However, there are individual differenceswith respect to volume and quality of accomplishments.

The curriculum vitae of a number of our lawyers belie theirage. Their accomplishments could easily be mistaken as thoseof someone 10 or even 15 years older. Generally, these indi-viduals are doing a lot more of everything; writing books,teaching, huge time commitments to business development,raising families, and so on. Sunny Handa at Blakes in Mon-

treal is but one example.An adjunct professor oflaw at McGill, Handahas written or co-writteneight books to date.

On one hand, theselawyers repeatedly emphasized that what they do often doesnot “feel” like work. On the other hand, it does not require askeptic to wonder aloud as to whether a number of our groupare not too close to the edge of the envelope. Again, centralto the future success of this group will be their ability tomaintain balance among the attributes that drive and charac-terize them.

LuckLuck, according to many of the group, was an important

aspect of their careers. Most attribute some of their success togood fortune. While this may be true, high achieving peopleare also more likely to spot the potential for “luck” and makeit happen.

Cheryl Slusarchuk, a technology partner at McCarthys inVancouver, provides a good example of how high achieversmake their own luck. Slusarchuk finished law school andthen practised in Australia, essentially because she and her


Embracing diversity will present hugeopportunities for law firms. On the otherhand, ethical considerations aside, failure

to do so will present huge costs.


husband thought it would be “fun” to work abroad. Uponreturning to Vancouver and joining McCarthys, she set hermind to how she would contribute to building a first-ratetechnology practice for the Vancouver office.

Slusarchuk smiles when asked about one of the manyachievements listed on her curriculum vitae, being selected asone of the “Top 40 Under 40” business people for 2003 inVancouver. “I basically plotted it out,” she confesses. “I rec-ognized it as a means towards building a Vancouver presence.I thought it out and spent a lot of time talking to over 20people who make the decisions about the Top 40 in Vancou-ver.” Slusarchuk illustrates an important point about luck.High achievers pursue it.

Where Does the Motivation Come From? The members of our group completed a confidential Moti-

vation assessment. Their group scores identified four primarysources of motivation which are:

These are very high group scores. They are also strikinglyconsistent with the TAIS and EQ group scores, providingstrong validation that all score results are accurate.

A significant implication arising from these group scores isthe strong probability that the various aspects of who thesepeople, are in terms of temperament, skills, EQ and motiva-tion, will play-off against one another and thus provide further

leverage. For example, their motivational persistence togetherwith high EQ capabilities for assertiveness and indepen-dence, plus the fact that they are in the 79th percentile interms of control, strongly suggest a “take charge” type of per-son. Their motivation that is driven by confidence is againleveraged even higher by their TAIS score of 94th percentilein self-confidence and their EQ competency of self-regard,which is also well above average. In short, the cumulativeassessment scores for our group clearly illustrate a situationwhere strength reinforces strength.

Fire in the BellyOne of the leading indicators of high achievers is what we

call “fire in the belly.” This is deep-seated, driving need, attimes almost inexplicable, to compete, to succeed, toaccomplish. Where does it come from? The answer is noteasy to ascertain since a strong drive to achieve appears tocome either from one’s hard-wiring (i.e., personality factorsas measured in the confidential assessments completed byour group) and/or through shaping experiences during for-mative years (as discussed during the interviews with groupmembers).

A common source of motivation for almost two thirds ofour group appears to have come from their formative years,specifically from forms of adversity. Several had a parent dieor become seriously ill. At an early age these individualsfound themselves in a position of responsibility whereyounger siblings and others relied upon them. Many hadparents who immigrated to Canada and experienced withtheir families all kinds of hardship, from financial to loneli-ness, language and other challenges. A common theme runsthrough their experience—a desire for upward mobility andsomething better. Education was almost always a core familyvalue, seen as the gateway to opportunity.

Steeve Robitaille in the Montreal office of Stikeman Elliotthas achieved significant success and professional regard as acorporate lawyer. He grew up in a poor family. He was theyoungest of three children. “Initially my mother was a bar-maid,” Robitaille recalls. “She scraped together enoughmoney to take a hair dressing course and then opened a salonin our house. We were always upwardly mobile. I grew upalways looking for more.”

Christian Sioufi is an accomplished corporate lawyer in theMontreal office of Ogilvy Renault. He is yet another exam-ple of personal and professional success notwithstanding sig-nificant adversity. Sioufi grew up in Lebanon where a terriblecivil war dominated 15 of the first 18 years of his life. In hisgraduating year, his high school was open for classes for only


Engagement(top 90th percentile)

the desire to be regularly engagedin activity, usually work related.Uncomfortable when they havenothing to do. When this factor istoo strong individuals are describedas “workaholics” neglecting aspectsof their personal life.

Persistence(top 90th percentile)

the willingness to exert significanteffort over long periods in order toreach a goal. Can concentrate fullyon task at hand without being dis-tracted. Tenacious or energetic.

Dominance(top 89th percentile)

the exercise of power and influenceover others. Likely to initiate andseek control over activities. Theytake dominant roles in influencingteam results, often by way of lead-ership.

Confidence in Success(top 86th percentile)

Confident in achieving success evenwhen there are formidable obstaclesto overcome. They anticipate theirefforts will lead to success. Theyhave faith in their knowledge, skillsand abilities as opposed to luck orfate.


three months. He studied along for the Baccalaureate, achiev-ing honours.

These are but representation examples that illustrate howadversity, when coupled with the strong need to becomeindependent and achieve success, shapes motivation. In con-trast, research on the achievement levels of the children ofhigh achievers shows, sadly, that their achievement drive issignificantly lower than that of their parents. Reasonsadvanced for this seemingly anomalous situation include theabsence of struggle and failure on the part of the childrenalong with low levels of independence (as their parents pro-vide everything for them).

Clearly some members of our group of 40 have had littlepersonal adversity in their lives. They came from strong mid-dle or upper middle class families with professional parents.What is clear is the role that strong supportive parenting hasplayed for these individu-als. They voice deep grati-tude for parents whounequivocally believed inthem and supported them.“My parents are still thehappiest, most loving peo-ple I know,” says MichelleAwad at McInnes Cooperin Halifax. “The base of stability that this has afforded me hasbeen an important jumping off point for my own endeavoursand risks.”

Often these individuals were one of three or four childrenand it is apparent that not all of their siblings were as drivenas they were to achieve success. Birth order has nothing to dowith anything. It is completely random.

The probability that some high achievers are simply hard-wired for success is evident in the TAIS scores, and to someextent the EQ scores, of our group. Extremely high scores,such as being in the top two or three per cent of the popula-tion in terms of the “need for control” and “being in charge,”are not unusual for a number of our group members, partic-ularly when these scores are coupled with exceptional levels ofindependence and assertion.

All of this creates unusual patterns and exceptional levels ofkey skills and qualities (e.g., control, confidence, assertion,independence) that are significant contributors to fuellingthe motivation to succeed. All of this contributes to “fire inthe belly.”

Interviews revealed that a number of group members(enough to establish a pattern) gave up on various activitiesat fairly advanced levels. They realized they just were not

going to play or perform at the level they wanted. AndrewBrodkin decided to stop playing competitive hockey for thisreason. Brodkin is certainly not the only member of ourgroup who quit something. This is not about failure. Quitethe opposite. It illustrates personal decisions about where andhow to best focus on one’s energy for success. This highlightsanother important feature of our group. They self-select pur-suits where they can be most successful.

Cloning ExcellenceCentral to law firm success and achieving competitive

advantage is talent. This is not news. More specifically, howcan a firm acquire a disproportionate percentage of top tal-ent? It is ironic, but not surprising, that in a time of openconcern that Canada may have too many law firms andlawyers for a contracting corporate market, the number one

issue that keeps manymanaging partners awakeat night is how to get andretain greater numbers oftop talent.

And rightly so. One topperformer can easily con-tribute more value thanmultiple partners of more

modest abilities. The revenue implications are significant.Moreover, high achievers redefine boundaries. They areintensely focused. Their geographic market is defined by theclients, whom they follow throughout the US, Mexico, andEurope. Further, they raise the bar within their firms andseriously influence firm culture by maintaining or establish-ing achievement benchmarks.

If and when major law firms bring to the complex task ofrecruiting and retaining people the same rigour and disci-pline they bring to their best client files, they then will likelybe rewarded in much the same way. They also need to emu-late the best practices of their best clients.

Consider the following. A large or mid-sized law firmdecides to redefine itself and its place in the legal hierarchy. Itbegins with a talent strategy that begs, borrows or steals fromthe best practices in the market. One of the goals is toincrease per partner revenues by 10 per cent. This is accom-panied by a recruitment strategy that is aggressive (e.g., offerssignificantly above market inducements to targeted seniorlaterals).

The firm requires all senior laterals to undergo full psycho-logical and competency-based assessments, in much the sameways that leading corporations such as Citibank do with all


This is not about failure. Quite theopposite. It illustrates personal decisionsabout where and how to best focus onone’s energy for success. This highlights

another important feature of our group.They self-select pursuits where they can

be most successful.


important executive hires. This immediately sends a messageto the market and other potential recruits that the firm is“serious” about recruitment. It significantly reduces the risksand costs of misplaced expectations and cultural integration.It is noteworthy that senior laterals find the process valuableand enlightening (due to the in-depth discussions that takeplace).

At the other end of the spectrum, the firm decides to“hard-wire” student recruitment. While it is too costly toadminister the TAIS, EQ and Motivation assessments, thefirm does draft specific questions that “flag” such targetedindicia of success as confidence, focus, low distractibility,stress tolerance, problem-solving abilities and so forth.

Another facet of the firm’s strategy addresses movingunderperformers up or out. It involves setting “stretch goals”for each lawyer in much the same way that successful corpo-rations make all their people responsible for growth. It incor-porates a “people plan” similar to the “learning organization”pioneered at Citibank. Senior partners rank their partnersand associates. With respect to the bottom 10 per cent, the

firm puts plans in place that move the lawyers up or out in amaximum of two years. This no-nonsense approach tounderperformers results in an overall lifting of standards andperformance. It is greatly appreciated by high performers.Partners and associates who cannot or will not meet their“stretch goals” often choose to leave (avoiding costly out-placement and embarrassment, etc.).

This hypothetical talent strategy could be mapped out fur-ther, but that is not the point. The point is that when lawyersdevote the same logical analysis, measurement, integratedsolutions and rigour to themselves and their firms that theydo to their practices and the affairs of their clients, they willthen enjoy the same success.

Is it worth it? One only has to take a careful look at ourgroup of 40 to know the answer.

Irene E. Taylor is a leadership consultant with more than 25years experience in coaching and advising senior and top talentin Canada and internationally. She writes for Lexpert and leadsPraxis, a talent assessment and coaching practice.


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REPRINTED WITH PERMISSION FROM THE THE BUSINESS MAGAZINE FOR LAWYERS Top … · 2004-11-05 · These are but a select number of the unique qualities pos-sessed by the young lawyers