Pandemic, Presidents and Preparedness

If you’d told me even a week ago I’d be considering the correlation between one of our Founding Fathers and the current pandemic that is Coronavirus, I would’ve laughed you right out of the room. 

Yet, here we are, on the birthday of James Madison, Father of the United States Constitution and defender of open government, in the midst of an uncertain and ever-changing global health crisis. 

Let’s connect the dots. 

Madison was a visionary who promoted the freedom of knowledge and public awareness. He understood the value of shared information and did not fear its dissemination. "A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or, perhaps, both.”

It was on the anniversary of Madison’s birthday in 1986 that President Ronald Reagan felt it appropriate to recognize another significant and related anniversary - the federal enactment of the Freedom of Information Act. Reagan said of Madison, “He understood the value of information in a democratic society, as well as the importance of its free and open dissemination. He believed that through the interaction of the Government and its citizens, facilitated by a free press and open access to information, the Government could be most responsive to the people it serves. On President Madison's birthday, it is particularly fitting that we recognize the value of reasonable access to information in our political process.”

In the midst of a global pandemic in an era where, even under normal circumstances, information and the media’s interpretation of such is overwhelming, it is important to evaluate sources for reliability and validity. 

The information regarding a health crisis such as COVID-19 is available because of the Freedom of Information Act. It is what allows access to information from government agencies such as the Center for Disease Control, who, in times like these, operate under a constant inundation of streams of data and reporting, always deciphering and filtering information that can be shared as accurately and timely as possible. It is from this collection of knowledge that local, state and federal governments make decisions regarding how to best navigate the crisis. It is the collected data provided by the CDC and the World Health Organization which guides leaders of countries around the world in the decisions around containment, mitigation, and social distancing. 

Yet, the one constant as this unfolds is the unknown. Harvard epidemiologist, Marc Lipsitch, says since the tracked cases and subsequent deaths are past information and incomplete at best, “We are only seeing the tip of the iceberg, and it is a very large iceberg.” The information provided to the general public is not in “real time,” as it is impossible to know the ACTUAL current, undetected, untested and asymptomatic cases in any given community. 

Regardless, business owners and firm leaders rely on the facts as they are delivered as well as guidance from their respective government leaders to make decisions regarding employee health and safety and business continuity. Vicky Accardi, Director of Human Resources at Krieg DeVault, LLP in Indianapolis, says the CDC is doing all they can to disseminate relevant information for decision-makers. “It’s a fine line between limiting information versus flooding the market with information the average person doesn’t understand.”

In this fluid crisis with countless unanswered questions, businesses are doing their best to forward-plan against guidance based on historical information which changes every 12 hours. Over the past two weeks, many of our client firms have held emergency meetings addressing Disaster Recovery and Business Continuity plans. Our team has been dialed in on these discussions with our clients, which range from mid-sized to large law firms with multiple offices across the country and the globe. 

The issues that abound cannot be answered by a one-size-fits-all solution. For instance, each portion of their respective footprints has not experienced the same level of outbreak. Some offices are in cities with long-term school closures and severely limited childcare options. Not all firms are equally equipped in planning, experience and capabilities of teleworking. 

For some, policies simply haven’t existed for a crisis of this nature and magnitude. 

For many, employees are averse to change and struggle to pivot quickly, even in crises. 

For all, no one wants to be the one who drops the ball in protecting the well-being of their staff or the delivery of service to clients. 

With so much uncertainty, we’ve compiled some pointers that ring true no matter how the situation evolves: 

• Update your DR/BC plans against the current situation. Many firms did not have specific guidance in place for a pandemic scenario. If those plans do not exist, create them - NOW. 

• Ensure co-location or hard copies of critical documents - building contracts, insurance policies, vendor contacts, checks, etc. 

• Determine any modifications to PTO and work-from-home policies. 

• Define contingency plans for a 100% remote workforce against multiple scenarios.

• Over-communicate possibilities, plans and subsequent updates to attorneys and staff. 

• Managing Partners - Address your people personally. Chart the path. Dissuade fears. Provide assurances. 

• Above all else, articulate and follow through on your priorities. For Krieg, Accardi says the message is clear. “Our priorities are first, the health and safety of our KD team members and their families, and second, the delivery of client service, in that order.”

As the most respected physicians in the country, including Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Disease, continue to emphasize “that things will get worse before they get better,” it remains critical that political leaders, businesses, and individuals carefully measure the information provided. Ohio’s Director of the Department of Public Health, Dr. Amy Acton advises that, “We will have multiple Wuhans in this country” and “everything each of us does matters,” a sobering reminder that we should ALL measure our actions against what we know AND what we don’t know. In President Madison’s words, “Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power which knowledge gives.”

The Suite Spot of Conducting Successful Interviews

Sweet spot:

noun (informal)

• an optimum point of combination of factors or qualities.

For interviewers, the entire goal of sitting down with a candidate is to determine, “Does this person have the ideal combination of factors or qualities to do this job well?” In interviewing any candidate for any position, my primary piece of advice is to ask the questions to which you want to know the answers. If something stands out on their resume as either intriguing or concerning, ask. If you have absolutes that a candidate must possess, ask. Some recruiters struggle with the basic interview questions that have been around since the beginning of time, but if you know what to listen for, they merit use and provide answers to qualifications a professional should possess. You will never hear me ask anyone what their spirit animal is or which three items a candidate would bring should he end up on a deserted island. Frankly, recruiting is time consuming enough without adding a “Unicorn versus Anteater” rubric, and, more importantly, those are not the questions I want answered.

Below is a list of traditional soft-skill interview questions and the value they add to a candidate assessment:

What is your leadership style?

There is so much published on this topic that people who are truly interested in cultivating this skill have likely devoted time to reading about it, especially ahead of being interviewed. If leadership is an important part of the role for which you are hiring, it’s good to know if your candidate has invested some research, practice, or at the very least, some original thought to their approach. More importantly, they should be able to clearly articulate said style and provide examples of it in action.

Are you a hands-on manager or do you tend to delegate more?

Some think we might as well ask, “Are you a micromanager?” But the value in this question really comes into play when either project management, people management, or both are high priorities for the role. Ideally, the perfect answer is somewhere in the collaborative range, but for a project management heavy role, the ability to find that balance is key, as is your confidence in the candidate to do so.

What are your strengths? What are your weaknesses, and how do you overcome?

Although it’s one of the more cliché interview questions, it really provides great insight if you know where to look. People generally know what they’re good at and enjoy sharing those attributes in detail, but this question also gives you an idea of where their passions lie, because passions typically go hand-in-hand with a person’s strengths. If a candidate’s demeanor changes from practiced and professionally polite to eyes-lit-up, rapid speech enthusiasm when asked about their strengths, it’s a pretty reliable indicator of an area in which they’re deeply invested.

While most candidates are prepared to turn their “weakness” into a strength in the interview setting, the most honest and self-aware candidates actually share something they struggle with and how they work to overcome it. This allows the interviewer to learn about some fundamental personality traits, to determine whether a potential weakness is a particularly bad fit for the firm or department’s pain points, or to realize the person is simply human like the rest of us. Better yet, it sheds light on how they problem-solve the issues that are often most difficult for humans to resolve — our own.

What motivates you? What frustrates you?

No matter who you hire, it is crucial to understand what motivates your employees. Much like their attorney counterparts, they have unique personalities and what works for some doesn’t work for all. The most proven way to maximize an employee’s contribution is to know and utilize what reinforces good performance! It is similarly valuable to know what pushes a person’s buttons, and often, the frustration question exposes any potential red flags in the temperament department.

Other questions I use that provide valuable – and sometimes entertaining – information are:

How do you develop good working relationships with your leadership team and colleagues?

How do you resolve conflicts? Can you give an example?

What is your approach to dealing with a difficult partner/business leader? Client?  

I’ve always applied a very conversational style to my interviewing, as it relaxes the candidates and encourages candor. I know some recruiting professionals who are robotic during interviews or who get lost in the “trick question” approach, but our job isn’t to trick anyone; it is to accurately assess candidates for our clients so they can do THEIR jobs. I also consider my client firm’s specific needs and the best overall fit when determining the questions I’ll use. For example, are they struggling with specific issues that need attention? High turnover? Fragile culture? Challenging geography? For example, in placing a COO for a firm in upstate New York, I wasn’t digging candidates out of the Florida or California talent pools, as comfort in the location was at the front end of the discussion. Much the same, if there exist key factors that will significantly affect the level of “fit-ness” of a candidate, my advice – ask!

What's Your Shade of Green?

In case preserving Mother Earth isn’t enough to light your greenness fire, perhaps the scrutiny of your potential employees will move you. Going “green” is known to be a sensible way to appeal to prospective clients because it sends the message of a firm that minimizes overhead and wasted resources. But did you know your hard-sought candidates are placing increasing importance on the eco-friendliness of their potential employers?    

That’s right. THEY are interviewing YOU.

In the past ten years, law firms small and large have raised their sustainability game, and fortunately, that movement has been contagious. In an industry often reluctant to change, a handful of progressive firms’ successes with green initiatives over a decade ago have been a catalyst and inspiration for change across the industry.

Prospective candidates are more conscientious than ever, and the questions they have go beyond compensation and benefits.  It’s not enough to document a sustainability program; follow-through is a must. Here’s why:

o  Quality talent thrives in efficiency, and waste in the workplace is a turn-off. Employees at all levels prefer to work for an eco-friendly company that isn’t bogged down with paperwork at every turn.

o  Firm morale is simply better at firms with a clearly stated and regularly practiced sustainability policy, with some employees reporting an added sense of purpose to their work.

o  Employees really do want to love where they work, and report firm culture as one of the primary measures of a desirable workplace. Candidates often start their job search with “Best Places to Work” stats to evaluate firm culture, and firms with active community involvement and environmental friendliness are rated above those without.

Of course, some firms are more aggressive in their sustainability efforts, and it should come as no surprise that many of those have a strong environmental law practice. Beveridge & Diamond, Blank Rome, and Nixon Peabody are just a few that have been recently recognized by the Law Firm Sustainability Network for their efforts to reduce environmental impact. The LFSN offers a sustainability assessment tool that is specific to the legal industry which identifies strengths and areas that need improvement in firm sustainability programs.

While we should all be supporting environmental best practices every day, Earth Day is an opportunity to evaluate and, if necessary, update our current efforts. Now is the perfect time to consider what you’re doing to contribute and how a candidate – or current employee – might rate your efforts. What exactly is your shade of green?