We all know attorneys who do outstanding trial work but
can’t keep associates.
Some attorneys weave a tight and eloquent argument but
can’t settle a case. There are also attorneys who
are only interested in winning no matter what the cost
to those involved. Many of them would greatly benefit
from understanding and using a process called Appreciative
Inquiry. Appreciative Inquiry is the brainchild of Dr.
David Cooperrider, Professor of Organizational Behavior
at Case Western Reserve University’s Weatherhead
School of Management and cofounder of Appreciative Inquiry
Consulting. Appreciative Inquiry focuses on possibilities,
not problems. That sounds easy but it requires an important
shift from our usual, problem-centered approach to bringing
about change. Appreciative Inquiry helps us discover
what works, so that we can do more of it. It is inquiry
based on positive questions. In Appreciative Inquiry,
a clear, concise topic is chosen, positive questions
are developed, and the consultant (or whoever is asking
the questions) sits down with the client and asks the
questions. Stories start to develop; patterns begin
to emerge. Individuals recall and tap into positive
achievements and stories that strengthen and inspire.
The process, which is more fully described below, doesn’t
ignore problems—it just approaches them from the
other side. The other side being what IS working rather
than what is NOT working. It can be used informally,
such as in a conversation or in a formal context, such
as at a strategic planning conference or retreat. It
can be used with two people or two thousand.
AI builds on several assumptions, including:
1. In every society, organization, or group, something
works.
2. What we focus on becomes our reality.
3. The act of asking questions of an organization
or group influences the group in some way.
4. What we want already exists in ourselves, our firms,
our organizations, and
our communities.
The first step in the process is choosing a topic.
This is crucial because AI builds out from the topic
choice. Change starts to happen with the first questions
we ask. Because change begins to take place at the same
time as inquiry, we want our inquiry to focus on what
is working so that we can build on that. The topic should
be one in which the team, group, or person is really
interested and wants to learn more. The topic should
be stated with positive wording i.e. “What is
the most satisfying…etc.” It should (and
will) generate possibilities.
Start with the topic that is most relevant or urgent
to the organization - growth, client services, marketing,
diversity, etc. If this seems too daunting, start with
a small topic or a small group, even one person. Inquire
about what has worked best for that person in her/his
career, what work s/he is most proud of, or something
similar. Once we learn how to do this, we can share
the concepts of AI and our success stories with our
firms, clients and communities.
Let’s look at some examples—questions aimed
at bringing change around specific issues:
Attorney/Employee Satisfaction:
What drew you to this firm?
What situations or circumstances created your loyalty
to this firm?
Describe a situation in which you felt that you received
exceptional mentoring.
How are you best mentored.
Describe a situation in which you feel that you were
best supported by the firm.
Describe your most meaningful experience of pro bono
work.
Describe the best in your firm’s (team, organization)
culture.
How has your firm created a culture of mutual trust,
loyalty, and respect?
What is the most meaningful feedback you’ve received
as an attorney?
What do you most value about yourself? Your work? Your
firm? Your profession?
Describe a situation in which you felt recognized and
acknowledged for your work by your firm.
Describe a situation in which you felt valued and respected
by a client.
Describe a situation in which your commitment to family
was supported by your organization.
Describe a situation in which your commitment to community
was supported by your organization.
How do you stay energized and inspired?
Describe a shift in your thinking that gives you hope
for yourself, firm, or community.
Satisfaction in the Legal Arena:
What contribution have you made to the legal profession?
What contribution have you made to your organization
or community?
Describe a situation in which you were able to work
collaboratively or cooperatively with opposing counsel.
Describe a situation in which you used new ideas to
come to a resolution of an issue or case.
Describe your part in a successful conclusion to a client
case/matter that you were handling. Describe an organization
that you’ve worked in that fosters continuous
learning. How has the organization done that?
Organizational Culture:
Describe one or two situations in which you’ve
observed the values of your organization in action.
Describe one or two situations in which you felt most
valued by this organization.
Diversity/Sexual Harassment Training:
Describe a situation in which you worked with a diverse
team different from you.
What did you learn from working with this group?
Describe the best on-the-job experience you’ve
had working on a project with someone of the opposite
sex.
How did the relationship get started?
How did you build trust with this person?
How did you deal with conflict?
How did you develop mutual respect?
Describe something meaningful that you learned from
working on a diverse team.
Marketing Yourself/Your Firm/Organization (or, Tooting
Your Own Horn, With Humility)
As above, for instance:
Describe a situation in which you used new ideas to
come to a resolution of an issue or case.
Describe your part in a successful conclusion to a client
matter you were handling. Describe an organization that
you’ve worked in that fosters continuous learning.
How has the organization done that?
How do you stay energized and inspired?
Whichever topic you choose, whatever groups or individuals
you talk with, look for patterns in their responses.
Pay attention to the attitudes of the responders, both
at the time they respond and at later times. Take a
step back; take some time to absorb the responses. Notice
the changes that start to take place, the shift in thinking
based on the inquiry and the responses, the conversation.
The changes are likely to be subtle at first, so keep
paying attention. This will allow you not only to see
and experience the changes, but to more easily move
into the next steps in the process.
If you want to create change, Appreciative Inquiry
is a great way to begin the process. It is an affirmative
approach to human and organizational development. Appreciative
Inquiry springs from possibilities and from hope. Again,
it works with two people or with two thousand. If structured
correctly, all involved have the opportunity to co-create
change and transform their organization. Everyone gets
to be heard! It brings out the best in us.
Skeptical? Suspend judgment; experiment with Appreciative
Inquiry yourself at home with your family (children!),
with your clients, in your community, or in your workplace.
Keep in mind the words of Gandhi, an attorney himself:
“Be the change you want to see in the world.”
Remember-- even the most innocent affirmative question
evokes change. Often, the change is not what we expected,
but welcome, just the same. For instance, asking the
marketing questions above may not bring forth a new
marketing plan but, instead, may bring a rededication
to the core values of the organization or individual.
The use of affirmative language changes the way we
think; changing the way we think will change the way
we work. The shift in thinking begins with you, the
questioner. You need to move beyond the ineffective
problem-solving approach; you need to focus on what
works, so you can do more of it. The problems won’t
disappear (wouldn’t that be nice!) but they will
be smaller as what works gets larger and greater in
stature.
Kathleen Clark is an attorney, mediator
and consultant in private practice in the Bay Area.
She is a member of the Board of Governors of California
Women Lawyers, the ABA, and the Contra Costa Bar Association.
She has a Masters Degree in Business Management from
John F. Kennedy University.
For more information about this approach, including
sharing responses with your organizations, incorporating
the stories into the culture of the organization, and
sustaining the resulting changes, call Ms. Clark at
925-280-7222 or email her at CoachKAC@aol.com.
Bibliography/Resources
Cooperrider, David L., Sorensen, Peter F., Jr., Whitney,
Diana, Yaeger, Therese F., (2000) editors, Appreciative
Inquiry: Rethinking Human Organization Toward a Positive
Theory of Change, Stipes Publishing, LLC.
Cooperrider, David L., Whitney, Diana, (1999) Appreciative
Inquiry, Berrett-Koehler Communications, Inc.
Hammond, Sue Annis, The Thin Book of Appreciative Inquiry,
2nd Edition, Thin Book Publishing Company.
Whitney, Diana, Cooperrider, David, Trosten-Bloom,
Amanda, Kaplin, Brian S., (2002) Encyclopedia of Positive
Questions: Using Appreciative Inquiry To Bring Out The
Best In Your Organization, Vol One, Lake Shore Communications.
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