Law And More

Aging Lawyers - Why You're Less Social

Researchers at the Stanford Center on Longevity confirm what we aging have been living: Becoming less social. Here are more details from The Wall Street Journal.

Back in May 2014, in Tucson, Arizona, I first bumped into that reality. Previously, I had had a reverence for relationships from the past.

Photo of Kathleen Huebner, Class of 1967, Seton Hill University, Greensburg, PA

I had relocated to southwestern AZ from the New York Metro area for two reasons.

One was a more affordable lifestyle.

The other was to flee the careerist pressure in order to figure out on my own how to reconfigure my two businesses. Being based in the global headquarters for capitalism had made me a sitting duck for platitudes about how to navigate the new economy. 

The only person I knew when I parachuted into AZ was an acquaintance from college: Kathleen Huebner. I had picked up with her again, as usual, on Facebook. Thrown into a tailspin about aging, I made the mistake of reaching back into the past. On Facebook, before I friended Huebner, had been Lee Harrison and Irene Nunn. 

Once I unpacked in Tucson, I journeyed to a retirement community in Oro Valley, AZ to treat Huebner to lunch. She wanted it to be in the dining room of the retirement community. I would have preferred to sample the local restaurants. I caved. Internally, I rolled my eyes, wondering: Is this what the new aging is all about? In the dining room were the old old surrounded by their loving great grandchildren. I was still a passionate entrepreneur. Duh.

Predictably, the relationship with Huebner went south within weeks. When she emailed me a greeting card for Memorial Day I requested that she refrain from contacting me again. Already, I had terminated the connections with Harrison and Nunn. 

Way back in the 20th century, Judith Viorst warned us of the need to break off with people, places, and ideas which were keeping us stuck in the past. That book was "Necessary Losses." More recently executive coach Henry Cloud hammered the need in fast time to initiate those "Necessary Endings" - the title of his book.

People from the past, I have found, can be the most powerful forces preventing us from leaving our comfort zones and having the guts to embark on new paths. The past, incidentally, can be fairly recent.

In 2004, a bunch of us early adopters of social media, who were over-50, bonded. It was days of relationship heaven. Then that niche became glutted. It was no longer the most lucrative or influential place to be for the aging. The Millennials and iGens had the edge.

To figure out how to launch a line of business to replace that I had to unfriend that group on Facebook, Twitter, and LinkedIn. Once that force field was shut down I was able to focus on strategy. Within seven months my startup was delivering profits. 

Most of us who are aging need to work, for the money and/or for psychological reasons. We cannot afford, literally, to surround ourselves with people who are not aligned with that ongoing hustle.

What puzzles me is that I didn't realize that sooner.

To have the courage to prune our networks, social and professional, we females might have to burn our Girl Scout uniforms.

Our generation, at least, had been socialized in Nice.

Nice doesn't live on planet earth, not any more.

Kind does. And kind is a lot different from nice. I am kind to the three people in my current social network and the 24 in my professional one. 

Coaching, auditing, lecturing, and writing/ghostwriting thought leadership content on ageism.  

 

For individual coaching – sliding scale fees. Complimentary initial consultation. The displaced over-50 get back to work. Mature professionals who are working advance their careers. Contact Jane Genova janegenova374@gmail.com.

 

“Over-50: Outsmarting Your Comfort Zone” http://over-50.typepad.com/over-50/2018/05/outsmarting-your-comfort-zone-free-book.html

 “Over-50: The Four Monsters in the Mind” http://over-50.typepad.com/over-50/2018/04/ageism-bites-.html

 

Trial Lawyers - Not Smart to Use Stanford Prison Experiment Findings in Court

Psychological research has joined the list of institutions we can no longer trust. That has major implications for trial lawyers. As we know, the findings from studies are often cited in the courtroom.

In The New York Times, Benedict Carey reports on how the credibility of three iconic research experiments has taken a major hit. With that Brand Psychology could be perceived as Brand Goofy. And all aspects of that discipline could be regarded with a smirk.

The three experiments are:

• The Stanford Prison Guard one which demonstrated that even playacting power can unleash significant cruelty. A few years ago there had been a film on it.
• The Marshmallow Test which predicted success for young children who could delay gratification. Dan Goleman's book on emotional intelligence made that famous.
• The ego-depletion research which concluded that willpower is a muscle which can be conditioned but which also can yield diminishing returns.

The attacks include issues of methodology and statistical bias. 

In the 20th century science had become the new religion of America. In all persuasive professions, not only law, we were trained to give priority to those findings. 

That was then.

Currently, individual experience has often become more trustworthy than the latest scientific research. When we are struggling to figure out what strategy or tactic to use in business the odds are we will analyze what Rupert Murdoch or the successful neighbor in the biggest house on the block has been doing. 

I learn more about the dynamics of the labor market from listening to my coaching clients than from retrieving research reports by think tanks. They make reference to real-life experience from their offices. 

Trial lawyers should keep that shift in mind when sizing up what to pitch to a jury.

Coaching, auditing, lecturing, and writing/ghostwriting thought leadership content on ageism.  

 

For individual coaching – sliding scale fees. Complimentary initial consultation. The displaced over-50 get back to work. Mature professionals who are working advance their careers. Contact Jane Genova janegenova374@gmail.com.

 

“Over-50: Outsmarting Your Comfort Zone” http://over-50.typepad.com/over-50/2018/05/outsmarting-your-comfort-zone-free-book.html

 “Over-50: The Four Monsters in the Mind” http://over-50.typepad.com/over-50/2018/04/ageism-bites-.html

 

Uber Reported To Be Investigated by EEOC for Alleged Gender Discrimination

Uber has been a magnet for lousy public relations.

The latest is the report - neither confirmed nor denied by the company - that the EEOC is investigating it for alleged gender bias in pay and other matters. Here are the details from the LA Times.

All Uber has replied is that it has been proactive in employee matters. Those initiatives include revising employee performance reviews, publishing diversity/inclusion reports, and providing employee training and development. 

In December 2017, Tony West parachuted into Uber from Pepsi as its new chief legal officer. From the get-go he has been struggling to eliminate aspects of the culture which get the company in public relations as well as legal messes. But, like many young tech companies, the culture could be resistant to change.

In the brisk-selling book "Disrupted," former Newsweek journalist Dan Lyons chronicles his unusual experience working at a software startup. It seems to be a play-out of Steve Jobs' reality distortion field. 

In his book about Theranos - "Bad Blood" - The Wall Street Journal reporter John Carreyrou depicts the same kind of delusional culture. 

Investors should wonder what they are plowing their dollars into. Some startups seem to have no responsibility to report on their technology development and business performance in an accurate and transparent manner. Theranos' founder Elizabeth Holmes had been indicted for alleged fraud in how she presented the financial state of the startup to investors.

Reflection: Could big chunks of tech collapse from the weight of their reality distortion fields?

Coaching, auditing, lecturing, and writing/ghostwriting thought leadership content on ageism.  

 

For individual coaching – sliding scale fees. Complimentary initial consultation. The displaced over-50 get back to work. Mature professionals who are working advance their careers. Contact Jane Genova janegenova374@gmail.com.

 

“Over-50: Outsmarting Your Comfort Zone” http://over-50.typepad.com/over-50/2018/05/outsmarting-your-comfort-zone-free-book.html

 “Over-50: The Four Monsters in the Mind” http://over-50.typepad.com/over-50/2018/04/ageism-bites-.html

 

 

GE - The Fall of the House that Jack Built and Myopic Humans Propped Up

The fall of GE, including from the DOW, has given both analysts and crackle-barrel gawkers plenty to say.

The latest autopsy is from the editorial board at USA Today. Blame is placed on the cult of the CEO.

Both Jeff Immelt and the iconic Jeff Welch are vilified. They were able to use their power to make decisions which helped to weaken the corporation.

For example, the folks at USA Today contend Immelt made bad acquisitions, timed badly. Among them was power division of Alstom when utilities were shifting from coal to natural gas and renewables.

And Welch, to boost profits, shortchanged capital investments.

Where was the board of directors? Were they cowed by the cult of the celebrity CEO? Or did they just see profits increasing and not dig further into the financial condition of the corporation?

In addition, CNBC attacks current GE CEO John Flannery for a lack of vision and for sticking with incremental change. Yet, he's still there, on the job. Why?

But what receives less attention is the harm done to ordinary people and why that shouldn't have happened.

Only in passing in the media is it mentioned that there are those GE lifetime employees who can't retire or who are retired but need to unretire to hustle to earn income because the stock has dropped so significantly in value. Just since 2017, $150 billion has vanished in market value.

Those employees should have been aware of the investing fundamental of diversification. Never should they have purchased so much of their own company's stock. With so much information available about how to build a nest egg how did they wind up blowing their financial security? Were they old-line loyal to the corporation? 

Also among those screwed, at least for now, are many property owners in the Connecticut suburbs. Now that GE is relocating to Boston from Fairfield, CT, the houses in that location and surrounding towns aren't selling. The money locked in the property was to be applied to dreams such as putting offspring through college and funding retirement.

Here is a typical tale of woe. A 60-year-old professional is stuck financially. His property's market value is about a million dollars. He still has a $250,000 mortgage. His plan was to sell it and relocate for semi-retirement after his child graduates from high school in 2019.

As the adage goes, man plans, the gods laugh.

Meanwhile, the annual property tax is over $20k. Why did he take the risk of buying such an expensive house? Why wasn't he more aware of the dramatic fluctuations in property values and spread the risk by investing more in other assets?

If he loses his good job because of age discrimination the whole house of cards could come down, literally. Ageism dominates, especially along the Northeast Corridor. 

He's not alone, of course. The financial future of not only those associated directly and indirectly with GE is in play. So is it for myriad aging professionals who allowed themselves to become overextended. They could be one good job away from bankruptcy. Their "sin" will visit their children who then have to pile on the student college loans. 

GE could become the symbol of reckless decision-making, both on the corporate and individual levels. The tragedy is almost Shakespearean. Too many constituencies were myopic simultaneously. 

Let us not praise famous men and successful professionals.

Coaching, auditing, lecturing, and writing/ghostwriting thought leadership content on ageism.  

 

For individual coaching – sliding scale fees. Complimentary initial consultation. The displaced over-50 get back to work. Mature professionals who are working advance their careers. Contact Jane Genova janegenova374@gmail.com.

 

“Over-50: Outsmarting Your Comfort Zone” http://over-50.typepad.com/over-50/2018/05/outsmarting-your-comfort-zone-free-book.html

 “Over-50: The Four Monsters in the Mind” http://over-50.typepad.com/over-50/2018/04/ageism-bites-.html

 

The New Aging - Will Lawyers Nurture Their Inner Madonna

Those who I assumed were envious of Madonna Louise Ciccone would tsk-tsk: Wait 'till she gets old. They figured that curse of aging would finish her.

Well, she is old.

Soon she will be celebrating her 60th birthday. And she isn't finished. Maybe, like Clint Eastwood in film and Rupert Murdoch in empire-building, her influence will go on and on into her 80s and beyond.

In The Guardian, Barbara Ellen chronicles how she has already reshaped global pop culture. 

Her presence might have been and could endure as an extension of Andy Warhol's realization that being embedded in the worldwide consciousness is how celebrity is created.

Madonna did that, primarily through continually transforming herself. There had been a Madonna of the 70s, 80s, 90s, and beyond.

Among the personas were the young woman who was imbued with Catholic memes, the musician who wore underwear as outerwear and simulated the movements of sexual intercourse on stage, and the earth mother. 

That presence so dominated that it was difficult for it not to seep into her acting roles. Never could she fully portray a character the way Edie Falco gave us Carmela Soprano. 

In her aging, she could be the one who pulls off totally overhauling the image of what "old" is.

Given her transformational powers she could reset how the world perceives the aging.

As with those becoming 13 in the post-war era, she can cook up a whole new category of those who should be watched, analyzed, feared, and imitated.

Back then, that emerging demographic was labeled "teenager." Thanks to them, Elvis, the record industry, television, the drive-in where in pre-pill days it didn't go beyond petting, rebellion, and going to college caught fire.

Our 60-and-over demographic could become the prevailing model for professional success on your own terms.

Many who already analyze us, such as psychotherapist Thomas Moore, observe aging tends to soften us and we become calm about many aspects of life. Instead of one-dimensionally chasing after our individual success to pile up material rewards, we embrace an other-directed purpose. Younger generations sense this and head toward us as mentors. Moore's brisk-selling book is "Ageless Soul."

In addition, other thought leaders such as journalist Dan Lyons note how resilient we are becoming in the face of age discrimination. His book is "Disrupted."

Frequently that takes the form of getting the boot because we are at a high salary. At age 52, at Newsweek, Lyons received what has become known as the "tap on the shoulder." Soon enough he got it that supporting his family meant continually scrambling to find work.

That's exactly what we aging have learned to do so well. We are the heroes of the revolution in the global labor market.

In this 600-unit rental complex in Eastern Ohio, about 40% are over-60.

We have created an informal network about where the work is and the savvy way to apply for it.

A 64-year-old told us not to work at X retailer, whose branding is all warm and fuzzy, because it, when sales receipts aren't meeting quota, sends workers home. No it doesn't ask if they want to leave early. It tells them to go. 

When I let it be known I was hunting for retirees to interview for a book I'm assisting with, two volunteered. With grace and humor, they described a life they hadn't expected: Retirement which demands part-time jobs to financially survive.

In a sense, we have all taken on the brash confidence and experimentation of Madonna. And, hahaha, like her we are shocking.

Colleagues were bug-eyed when I took a vow of poverty after my mind, enterprise, and nest egg blew into a million pieces in 2003. I had been one of those with the This Old House on the Gold Coast of Connecticut and a getaway at an EastCoast beach. Currently my lifestyle is that of a medieval monk. 

Takeaway: Allow our inner Madonna to point us to our emerging purpose in work and our personal lives.

Coaching, auditing, lecturing, and writing/ghostwriting thought leadership content on ageism.  

 

For individual coaching – sliding scale fees. Complimentary initial consultation. The displaced over-50 get back to work. Mature professionals who are working advance their careers. Contact Jane Genova janegenova374@gmail.com.

 

“Over-50: Outsmarting Your Comfort Zone” http://over-50.typepad.com/over-50/2018/05/outsmarting-your-comfort-zone-free-book.html

 “Over-50: The Four Monsters in the Mind” http://over-50.typepad.com/over-50/2018/04/ageism-bites-.html

 

The Extreme Peril of Magical Thinking (including for law firms)

Let's cut to the chase.

In Law.com, Scott Flaherty reports the results of Citi's Law Firm Leaders Confidence Index for the 2nd half of 2018. Here is that article. 

On the one hand, the brass in the law firm surveyed have concerns about the overall U.S. and global economy. That's no surprise. Popular business media outlets such as BusinessInsider are publishing articles about negatives such as a coming bear market in equities and another recession. Meanwhile, the Trump Administration international and domestic policies are wild cards - generating uncertainty. Those with economic interests don't welcome uncertainty. 

On the Citi scale of 0 to 200, the brass come in at 118, one point less than they did in the previous survey. It's in the confidence box overall but doesn't indicate bullishness. 

In contrast to this case of the jitters, nearly 70% of those interviewed expect demand in their own firm to grow in 2018's second half. Among them, 8% anticipate 5+% growth, 29% look forward to growth between 2% and 5%, and 32% expect growth but at less than 2%,

Given historic trends in demand, all that growth seems downright impossible. Again, we are bearing witness to the voodoo of magical thinking.

That seems to be a necessary mental defense mechanism dating back to the beginning of time. Essentially, it can help mankind pursue a goal with enthusiasm. Adam and Eve, when their maker foreclosed on their home in the Garden of Eden, probably had to envision that The Next wouldn't be so bad a step down.

However, magical thinking too often has a negative effect in all areas of life and business.

Back in high school who hadn't had the magical thinking the X would return our romantic interest and then experience a near or total emotional meltdown when that didn't happen. 

In business, I vividly recall the play out of tragedy after Chevron took over Gulf Oil. Because, back then in the mid 1980s, Gulf had been a thought leader in communications about the energy industry, those in its huge public affairs department had the magical thinking of a smooth transition to jobs in other companies. Their suffering, as they bumped up against long-term unemployment and inability to adjust to other kinds of corporate cultures, seemed profound.

Yet, the magical thinking of being special lingers. Many of them have maintained membership in a Gulf Oil alumni network. I roll my eyes and three times requested to be removed from the mailing list. I had left the company years before the hostile takeover. 

That's just one grim example of magical thinking. Art provides many more. In the dramas of William Shakespeare, that meme dominates. 

As a serial entrepreneur I know the career expects recognize the power of extreme optimism. However, I have found having no expectations more profitable.

The spells cast by magical thinking can kill. 

Coaching, auditing, lecturing, and writing/ghostwriting thought leadership content on ageism.  

 

For individual coaching – sliding scale fees. Complimentary initial consultation. The displaced over-50 get back to work. Mature professionals who are working advance their careers. Contact Jane Genova janegenova374@gmail.com.

 

PUBLISHED ARTICLES:

 

http://www.odwyerpr.com/story/public/10553/2018-04-26/ageism-audits-rebranding-clients-as-age-neutral.html

 

http://www.odwyerpr.com/story/public/10495/2018-04-16/ageism-bites-both-workers-businesses.html

 

http://over-50.typepad.com/over-50/2018/03/phone-interview-how-not-to-sound-old.html

Balance - What Lawyers Always Knew

How do you know a client is pleased - at least in the field of public-relations writing?

Answer: There is an immediate payment of the invoice via PayPal. And, of course, no questioning of the amount billed.

How to please the client? Provide a fast turnaround while still maintaining quality. 

I discovered that is the top competitive weapon in nailing down an assignment and holding onto that client. 

After vetting me to determine if I could manage the research/ghostwriting part of the assignment, the prospect then moved onto the time issue.

He needed the complete draft pronto and the outline for the book within 32 hours. I did bargain for a little more time but still received the assignment. I did wind up meeting that 32-hour deadline. 

Satisfied with the outline, then he wanted a short-form version of the first chapter. Trust had built so he didn't specify a specific deadline. But, obviously, the sooner the better. I hunkered down this weekend and got what he wanted to him by 8 P.M. Sunday. Within a half hour the invoice was paid.

I tried, unsuccessfully, to pull a fast one. In my transmittal note I stated that I wouldn't start the short-form version of the next chapter until I received feedback on the first one. My intention was to have time to recover from that whirlwind of writing.

I didn't get that time. The marching order was to focus on the next chapter, feedback would come later. 

That's the way it is in 2018. I feel blessed I have stimulating well-paid work. So, I have to ignore the platitudes about balance. Lawyers always knew those clichés represent magical thinking.

Maybe there is no such entity as work-life balance, not any more. Maybe there never was.

However, there will always be those who bully us with the balance mandate.

Coaching, auditing, lecturing, and writing/ghostwriting thought leadership content on ageism.  

 

For individual coaching – sliding scale fees. Complimentary initial consultation. The displaced over-50 get back to work. Mature professionals who are working advance their careers. Contact Jane Genova janegenova374@gmail.com.

 

John Carreyrou's "Bad Blood" - Harsh Warning to Employees Focused On Doing the Right Thing

It was The Wall Street Journal reporter John Carreyrou who broke the story in 2015 that Theranos' actual technology did not align with what its marketing machine and fundraising outreach were claiming.

That saga ended with a federal indictment of Theranos founder Elizabeth Holmes and her second-in-command and lover Sunny Balwani. The reaction for many has been: Good riddance.

Carreyrou's recently published a book on how Theranos hoodwinked investors (including Rupert Murdoch), brandname board members such as Henry Kissinger, commercial partners like Safeway, the media such as Fortune which published a gushing cover story on Holmes, and employees. That's "Bad Blood," number 118 on Amazon's kindle. Here it can be ordered.

Since superlawyer David Boies had represented Holmes for a while, the book is of immense interest to lawyers. His aggressive tactics could be useful to analyze and determine if they helped or hurt his client. The book is not kind to Boies and his team from Boies Schiller. Incidentally, on Glassdoor, the law firm's employees give it a 2.9 rating out of a possible 5.

But a more useful takeaway is how Carreyrou describes the sad ordeal of employees who sensed something was very rotten in the state of Holmes-Balwani and wanted to do the right thing. In retrospect they probably have re-thought showing their skepticism. It might have been smart to simply leave on good terms, with a cover story that they received an offer for a more lucrative position with more power and status. End of that story of any association with Theranos.

The Holmes-Balwani reign of terror put those employees through hell, both emotional and legal. The poster boy for that was board member George Shultz's grandson Tyler. Another victim had been Ian Gibbons, who committed suicide. 

What was most alarming was that the employer's ongoing legal motions against the potential whistleblowers could have bankrupted the concerned employees. Few human beings who are struggling to be ethical can absorb that kind of financial blow. 

Yes, Holmes and Balwani will likely get theirs, including prison time. Boies is no longer in the loop representing Holmes. But, along the way, many other human beings who took their professional responsibility seriously were damaged in ways which may never heal. 

Reflection: Do we heal or just create new space for ourselves? 

Coaching, auditing, lecturing, and writing/ghostwriting thought leadership content on ageism.  

 

For individual coaching – sliding scale fees. Complimentary initial consultation. The displaced over-50 get back to work. Mature professionals who are working advance their careers. Contact Jane Genova janegenova374@gmail.com.

 

The Network - What Do You Have to Trade?

In good career times and in bad career times, the supposed experts tell professionals to network.

That simplistic advice is not only often useless.

It can be counterproductive - positioning and packaging the eager networkers as pests or worse.

Networking essentially is a form of barter. To get into the loop professionals have to have something to trade. No, they can't come empty-handed, such as William Loman in "Death of Salesman," with just a shoeshine and a smile. 

Those who are unemployed who sit on the board of an elite prep school know they can trade possible access to the partner at a law firm who wants his daughter admitted. The result of that trade can be an interview with the managing partner and a job offer.

Until parties have something to trade, they better not approach the network.

Another reality of networking is that the return on investment can be significant at the high end.

The 1% give parties at which profit-producing connections are made.

Having a beach house on Long Island, New York is the setting for deal-making. While attending your reunion at Yale University, you do pick up some business.

However, down the food chain, the return on investment could be peanuts or nada. A smarter move would be to focus on improving the approach to pitching for jobs and contract assignments. In addition, getting the hang of social media can put in play the law of attraction: Potential employers and clients could come to you. 

Takeaway: Beware off-the-shelf career advice. Each professional's situation is unique.

Coaching, auditing, lecturing, and writing/ghostwriting thought leadership content on ageism.  

 

For individual coaching – sliding scale fees. Complimentary initial consultation. The displaced over-50 get back to work. Mature professionals who are working advance their careers. Contact Jane Genova janegenova374@gmail.com.

 

Alan Dershowitz's Second Career: Teaching the World about Everything

Retiring from being a professor at Harvard Law School has freed Alan Dershowitz to expand his teaching role to a wider classroom: the world.

These days he is all over the media delivering diverse tutorials on what is wrong with the status quo today, the legalities associated with the Mueller probe, the rhetorical strategies/tactics of Donald Trump, and the closing of the American mind. 

An example is the interview he conducted with The New York Times reporter Jeremy Peters. Here you can read it.

What's obvious is a superior, well-trained intelligence taking on platitudes. Great entertainment for those who enjoy fresh ideas. 

No one can ever take away Dershowitz's ability to position and package mundane issues in provocative ways.  He will always have an engaged audience - even if they consist of those who oppose his stances.

This second phase of Dershowitz's career could give him more influence than he had during the first part.

Coaching, auditing, lecturing, and writing/ghostwriting thought leadership content on ageism.  

 

For individual coaching – sliding scale fees. Complimentary initial consultation. The displaced over-50 get back to work. Mature professionals who are working advance their careers. Contact Jane Genova janegenova374@gmail.com.