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Kaizen and the Process of Continuous Improvement in Your Legal Career [A. Harrison Barnes] What have you done for your employer lately? Continually improving your work habits, your effectiveness, your abilities, your relations with others - sounds easy enough, but few follow the practice. This, however, is how you are almost always judged by others and the only way to ensure advancement.
Most people never feel secure because
continually improving themselves and it is for
another, smoking and taking drugs smuggled
they are always worried that they will lose
that reason that so few people become very
to them by guards and others.
their job, lose the money they already have,
successful-and stay very successful.
lose their spouse, lose their health, and
Dr. Gomez said that when he went to prison
so on. The only true security in life comes
Some years ago, I was on a train ride across
he knew he was unlikely to ever get out;
from knowing that every single day you are
Spain when an older gentleman began tell-
however, he made a decision to use his
improving yourself in some way, that you are
ing me a story of when he was younger and
time in prison to become a better person.
increasing the caliber of who you are and
imprisoned for life in Cuba by Castro. He had
He exercised at least a couple of hours per
that you are valuable to your company, your
been imprisoned, he told me, because he had
day and, because his cell was so crowded,
friends, and your family.
spoken out against communism. Prior to be-
he exercised when the other prisoners were
-Anthony Robbins
ing imprisoned, this man had been a soccer
sleeping because that was the only time
{American Speaker, Peak Performance
player and then a professor in a prestigious
there was room for him to move around.
Expert}
Cuban university. This man was my soccer
Unlike other prisoners, instead of trading for
coach/Spanish teacher and was leading me
cigarettes, drugs or weapons, he traded what
There is no such thing as “security� in the
and about 25 other students on a summer
he had for things like a toothbrush, clean
legal profession and no matter how hard
tour across Spain. His name was Dr. Gomez.
clothes, educational books and a razor to
you try, or how far you search, you are never
shave with.
going to find it. You simply cannot control
Dr. Gomez is one of the more interesting men
what happens to you. It is impossible. Even
I have ever met. Then in his late 60s, he was
Over the course of approximately one year,
the highest ranking partners at the best law
up by 5:00 am everyday and ran four or five
this man actually grew inside the prison
firms lose their jobs quite frequently. If you
miles every morning. He was always learning
while the other prisoners became much
possess the best possible academic qualifi-
how to do new things and finding new ways to
worse off. In fact, during the one year he was
cations and work experience, circumstances
enjoy life and better himself.
in his small cell, many prisoners actually
might take your job away, too. No matter how
died-or went insane.
careful you are with your career, you have no
According to Dr. Gomez, the conditions inside
way to control what happens to you.
the prison were terrible. Dr. Gomez was
Every month, Dr. Gomez was allowed to have
put into a small cell no larger than a typical
a visitor come see him. One Sunday after-
What you can control, however, is whether
bedroom with over 20 other prisoners. The
noon, Dr. Gomez was sitting with his brother
or not you choose to continually improve
food was terrible, the cell was very hot and
in the prison visiting room with several other
yourself in your professional life. When
the conditions inside the cell were nearly
visitors and prisoners. Dr. Gomez, unlike the
you are continually improving yourself you
impossible to live in. The prisoners were let
other prisoners, was very fit, well shaven and
are providing yourself the security that the
out of their cells a couple of times per week.
cleanly dressed. In fact, Dr. Gomez looked
person you will be tomorrow is better than
According to Dr. Gomez, when these prison-
in better health than most of the visitors.
the one you are today. If you are continually
ers were let out, they concentrated on things
Sitting in the prison visitor room, Dr. Gomez
improving yourself, despite what may happen
like getting retribution against other prison-
noticed that a shift change took place during
to the legal environments you are working
ers who had upset them in the outside world,
the visit. The guard that was replaced was
in, you will be in a better position to always
and getting drugs and other contraband to
a new guard and one that Dr. Gomez did not
stay ahead of things you cannot control. Very
take inside their cells. Inside their own cells,
recognize. A few minutes after this, a bell
few people in their lives practice the habit of
these men spent their time fighting with one
rang announcing that visitor hours were over.
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CAREER COUNSELOR’S CORNER
Instead of going back to the prison, Dr. Gomez
pointed out, the employee is expected to adapt
and should be willing to improve himself/her-
walked with his brother straight out of the
and change immediately. If the employee does
self for the better. An old Japanese proverb
front door of the prison. No one ever sus-
not correct the efficiency, he or she is fired on
says, “If a man has not been seen for three
pected Dr. Gomez was a prisoner because
the spot and another person is brought in to
days, his friends should take a good look at
he did not look like any of the prisoners. The
do the job. When a Kaizen event occurs, the
him to see what changes have befallen him.”
main reason that Dr. Gomez did not look like
President of Toyota might even follow around
This describes just how natural Kaizen is.
any of the other prisoners was because he
a janitor for days to figure out the inefficien-
had continued to improve and become a better
cies. This approach to work is something that
While Kaizen may seem insignificant, I can
person while in prison.
occurs at all levels of the organization and
assure you that following this principal is
involves everyone.
something that will be rewarded in your legal
This article discusses the principle of “Kai-
career. The principal of Kaizen can apply to
zen,” which, in many circles, has been called
While this approach to managing a company
both your personal legal career and the orga-
the key to Japan’s success in many industries.
is draconian, it ensures that the work being
nization you work for. You should constantly
This simple concept can also be the key to
performed is done in the best possible man-
be questioning everything about your work
your success in the legal profession-and in
ner with the least amount of waste. While
methods-and your level of understanding of
life. In order to grow in the legal field-whether
he did not call it “Kaizen,” this method of
various events at work.
you are an attorney, paralegal, or legal secre-
approaching work was also the building block
tary-you need to continually be improving. On
behind most of the companies started by
Not a day should go by without some kind of
a daily basis, you should be questioning how
Howard Hughes (many of which are growing
improvement being made somewhere. I have
you are getting things are done and improving
multi-billion companies today). For example,
provided some career tips based on Kaizen
the processes and procedures you follow in
companies like DirecTV are products of this
below that should give you some ideas both
your work.
continuous drive for improvement and were
about what Kaizen philosophy is and how you
founded by disciples of Hughes, decades after
can implement Kaizen in your legal career:
A. Kaizen Defined Kaizen means improvement. Moreover, Kaizen
his death, in a corporate environment that promotes constant improvement and innova-
1. You should discard conventional fixed
tion.
ideas. For example, you may have a fixed idea of the way you should seek out assignments in
means continual improvement in your personal life, home life, social life, and working life.
The point of a Kaizen event and Kaizen gener-
your law firm, the type of work you should be
When applied to the workplace, Kaizen means
ally, is that the norm must constantly be
doing or even the sort of law firm you belong
continual improvement involving everyone.
questioned in order to ensure that the work
in.
is performed in the best possible manner. I Kaizen is a tool originally used by Toyota to
was reminded of this principal while reading
Relying on convention is something that is
foster continued improvement within its Toyo-
an old Motor Trend which discussed the fact
quite dangerous. This convention can serve
ta Production System. It began as “Quality Cir-
the engineers who designed the Lexis LS400
to limit you. Part of continuously improving is
cles,” a means of factory shop floor employ-
decided to halve the space between metal
questioning everything around you. Question
ees solving quality issues within a structured
fittings in the car in the year 2001. While
the norm. Is there a better way that you could
team framework, using specific new tools.
this was completely unnecessary (the car is
be doing your work? Do you think you might
At Toyota, and other Japanese companies,
consistently ranked as one of the top 10 cars
perform at a higher level in another type of
“Kaizen events” are constantly occurring. In
in the world in terms of quality), the engineers
legal environment? Do not limit yourself with
general, a Kaizen event will involve the man-
did this because it was an improvement that
beliefs about your potential-or what other
agement appearing at the desk or machine
they believed they were capable of making.
people tell you your potential is.
do their jobs. The efficiency, processes and
B. Nine Lessons Kaizen Teaches and Their Ap-
2. You should think of how to do something,
procedures followed by the employee are ag-
plication to Your Legal Career
not why it cannot be done. It is axiomatic that
of employees and observing exactly how they
you can do more by believing you can do more.
gressively questioned. How does the employee hold a tool? How many steps does it take to go
Kaizen refers to individual, continuous im-
between different machines where the work
provement in personal life, home life, social
As a legal recruiter, one of the more consis-
may be occurring? Then, as inefficiencies are
life and working life. Everybody deserves to
tent complaints I hear from hiring partners and other hiring authorities about people they
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are planning on replacing is that the person
an effort at doing something than not doing
tainly competitive. Due to that fact, many legal
they want to replace finds excuses for not
anything at all.
professionals are afraid to ask for assistance
getting work done. There are very few as-
from others. The fact of the matter is, your
signments in a legal environment that can be
Many attorneys put off various tasks because
superiors and equals in your work all have had
brushed aside and not get done. You need to
they do not feel they are ready to do some-
many similar experiences at various points in
remember that as a legal professional you are
thing. In order to grow, you need to take
their careers. You can learn a lot from others.
being hired to do a job and get results. Stating
action. Ensure that you are consistently taking
The experience of multiple individuals in a
that you do not believe you can do a certain
action and learn from the mistakes you may
group is far more telling than the experience
type of work is one of the worst messages you
make when taking action.
of only one.
5. If a mistake is made, correct it right away.
C. Some Final Thoughts About Kaizen
can send an employer. Another derivative of this idea is that you
Mistakes happen. What is most important is
should always be focusing on the best possi-
realizing that you need to correct mistakes
If you have been in the legal field even a short
ble result you want in your career and thinking
rather than allowing them to continue. You
period of time, I am sure that looking around
of how you can achieve that result. Looking
should always be asking yourself why some-
your office you can quickly spot numerous
for reasons to succeed in something is much
thing did not work out instead of dwelling on
individuals who (for whatever reason) simply
more useful than looking for reasons to avoid
a mistake.
fail to improve. Similarly, looking around your
it. Winners look for reasons to succeed and losers look for reasons to fail.
office I am sure that you can spot a few rare There is a very strong tendency in the legal
individuals who (for whatever reason) are
profession to not admit mistakes and hence
continually improving.
3. You should not make excuses; instead,
to not correct these mistakes. A large portion
question current practices. There are plenty
of the work of a legal professional is simply
There are three truths that you should always
of reasons that certain goals you may set
correcting his/her own mistakes-again and
be aware of:
for yourself may not be achieved in a timely
again-in order to get things as close to perfect
manner. There are also going to be reasons
as possible. The act of correcting a mistake
First, there are people who are (a) far, far less
why something you do does not work out as
will make you more aware of the mistake and
intelligent than you that (b) went to worse law
you had hoped it would in your career. You
help you to avoid it the next time around.
schools than you and (c) have far worse work
never should make excuses for your failure
experience than you who are going to have far
to achieve something. Instead, question your
6. You should ask “WHY?” and seek root
methodologies that led to things not working
causes. If you believe that there is any need
out.
for improvement, either in your organization
Second, you are going to have a far more suc-
or in how you are doing your job, you need
cessful legal career than thousands of people
One of the most persistent problems that
to ask yourself “WHY” and search for the
that are (a) much smarter than you, (b) went to
attorneys have in their work environment is
reasons you need improvement and how to
better colleges and law schools, (c) have much
related to how well they get along with the
effectuate that improvement.
better work experience than you; and
more successful legal careers than you.;
people they work with. The majority of problems attorneys have in their work environ-
You always need to question the need for
Third, the reason you will do better than some
ments are traceable to this and this alone. You
improvement. You should constantly be ask-
and some will do better than you has more to
should never blame others for your problems.
ing “WHY” in order to get to the root cause of
do with the ability to consistently improve than
Question how you will deal with these and
every problem.
any other single factor.
other problems the next time. 7. You should seek the wisdom of multiple
I am constantly astonished by meeting attor-
4. You should not seek absolute perfec-
people rather than the knowledge of one.
neys who succeed over others who-one would
tion. Take action right away even if you can
None of us can possibly know the solutions
certainly think from outward appearances-
only achieve a part of your goal. While you
to every issue we face. It is better that we all
should be doing better than them. Not a day
should be aiming for perfection, simply stated,
operate as a contiguous group-learning and
should go without some kind of improvement
perfection is not always possible. Taking ac-
growing from each other-than as islands.
being made somewhere in your professional
tions to ensure that you do your best is vitally important to your success. It is better to make
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As an attorney, especially, in order to be as effective as possible you need to be extremely self-critical at all times in order to grow. It is a well known fact that many people you work with will, at some point in their careers, simply stop improving. The person who stops improving and growing will likely no longer advance in his or her career. If you are able to continually improve in your work, you will advance.
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