Emotional intelligence a necessary and valuable tool for lawyers, legal departments, and firms

Emotional Intelligence:
A Necessary And
Valuable Tool For
Lawyers, Legal
Departments, and Firms
Introduction & Overview
by Dan DeFoe JD MS - Adlitem Solutions,
Certified EQ-i2.0 Administrator
EQ-i2.0 Model and certain content provided courtesy of Multi-
Health Systems Inc. (MHS) and The EQ-Edge: Emotional
Intelligence and Your Success, 3rd Ed., 2011, by Steven J.
Stein, PhD & Howard E. Book, MD
1

Dan DeFoe JD MS - 2011

Agenda
• Emotions

• Emotional Intelligence

• Emotional Intelligence ,
Lawyers, & Rules of
Professional Conduct

2

3


4


Foundational Concepts - Emotions

• Play an important role in life

• Ability to perceive, understand, use, and

manage emotions varies

• Differences affect individual adaptation
in many contexts, e.g. workplace

• High smarts, but low emotion ….e.g.
Damasio’s ―brilliant lawyer….‖ 5

Emotion Groups – Think 3

• Pleasant – caring, joy, love

• Neutral – anticipation,
interest, surprise

• Unpleasant – anger, disgust,
embarrassment, fear, sadness

6

Some Truths About Emotions…
• Provide information about mind-body
system in a given situation

• Affect every human endeavor

• Feedback ….what is happening

• You generate by your own mind-body
system

• Your wiring … your emotion….

• ABCDEs….
7

• Emotions show……

Emotions Show . . .

•In face. . . .

•In gestures. . .

•In voice . . . .

•In everything. . . . .
8

9


ABCDE Model of Emotion Processing
In a nanosecond. . . . .

• Action creates a situation….

• Brain – thinks about it…

• Consequence – action taken . . . .

• Direction – towards your goal. . .

• Effort – emotion triggers response . . .
reinforces . . . . effort taken
14

From Roger R. Pearman, Understanding Emotions

Emotion Processing Capabilities
Emotions inform. . . Must make
sense. . . .
• Perceiving & Managing Emotions
• Self and Others
• Identify the emotion

• Decode the emotion
• Understand potential outcome
• Translate information into
constructive choice – respond
effectively/productively 15

Emotional

Intelligence

16

Emotional Intelligence ..…
Some Questions
• Do I have EI?

• Do I need EI?

• If I don’t have it, & I need it, how can I

get it?

• Do lawyers need it? What’s it look
like?

17
• Fake it? Finesse it? Gloss it? Delegate
it?

“Sharks………”

20

“Minnows………”

21

What is Emotional Intelligence?
Emotional & Social skills that collectively
establish how well we:

•Perceive and express ourselves
•Develop and maintain social
relationships

•Cope with challenges
•Use emotional information in an effective
and meaningful way

Emotional intelligence (EI) as defined and
applied in the Emotional Quotient
Inventory (EQ-i 2.0) ―reflects one’s overall 22
well-being and ability to succeed in life.‖

EI - 3 Major Models & Measures
according to Encyclopedia of Applied
Psychology:

• Mayer-Salovey - ability to perceive,
understand, manage and use emotions to
facilitate thinking
(MSCEIT)

Dan DeFoe JD MS - Copyright 2011
• Goleman - emotional and social
competencies that contribute to
managerial performance
(ECI)

• Bar-On - interrelated emotional and social
competencies, skills and facilitators that
impact intelligent behavior 23

(EQ-i) [EQ-i 2.0 by MHS, Summer 2011]

The EQ-i2.0 Model

24

25

26

What is the EQ-i2.0?

• A way to accurately assess strengths
and blind spots: Assessment completed
on-line usually in less than 20 minutes

• A predictable way to measures current

level of emotional and social
functioning: receive feedback on your
results from a Certified Administrator

• A vehicle for developing effectiveness
in order to improve performance:
Develop a customized action plan with a
qualified professional in order to ensure 27
you are focusing on the right
development needs

EQ-i2.0 Total EQ

• Success in coping with
environmental demands

• A snapshot of overall well-being

• Made up of 5 general areas –
―realms‖

• 5 composite scales break into 15
subsections or subscales
28

What Does The EQ-i2.0 Measure?
Five distinct aspects of emotional and
social functioning:

• Self-Perception – understanding
your emotions – know and manage
yourself

• Self-Expression – expressing your
emotions
• Interpersonal – develop and
maintain relationships
• Decision Making – use emotions to
make better decisions
• Stress Management – cope with
challenges 29

Inner self…..

30

Self-Perception
Concerns your ability to know and manage
yourself. The ―inner self‖. How in touch
with your feelings you are, how good you
feel about yourself, and about what you are
doing in life. Aware of feelings, feel strong,
and confidence in pursuing goals.

Embraces the following subscales:

• Self-Regard – confidence & feel good about
me
• Self-Actualization – continuous
development & pursuit of meaning
• Emotional Self-Awareness – understanding
my emotions & impact on me and others
31

Face the world…….

32

Self - Expression
Deals with the way you face the
world.

Includes the following subscales:

• Emotional Expression – saying how
you feel and also expressing it non-
verbally
• Assertiveness – standing up for
yourself effectively & constructively
• Independence – self-directed and
33
self-controlled & standing on your
own two feet

People skills……

34

Interpersonal
―People skills‖ – ability to
interact and get along

Consists of the following:

• Interpersonal Relationships –
developing and maintaining
good relationships
• Empathy – recognizing and
appreciating how others feel
35
• Social Responsibility –
contributing to society

Decision Making….

36

Decision Making
Use emotions in best way to solve
problems & make optimal choices


• Problem Solving – effectively
managing emotions when solving
problems
• Reality Testing – seeing things as
they really are
• Impulse Control – ability to resist
or delay impulses 37

Stress Management…..

39

Stress Management
Ability to be flexible, tolerate stress,
and control impulses.


• Flexibility – adapting to change
effectively
• Stress Tolerance – successfully
coping with stressful situations
• Optimism – having a positive
outlook 40

Happiness….

41

Happiness
• Feeling satisfied, enjoying life
• An indicator of overall well-being
• Experience ―zest‖ & enthusiasm in
activities

• Not included in overall EQ-i2.0 results
• Impacts overall EQ-i2.0, closely linked
to:
• Self-Regard
• Optimism
• Interpersonal Relationships 42

• Self-Actualization

Alignment of the EQ-i2.0 Model of EI

43

Why is EI Important?

• EI is not the sole predictor of
human performance and
development potential, BUT it is

proven to be a key indicator in
those areas.

• EI is not static…

• EI can be developed in targeted 44

areas

Emotional Intelligence
Is Not. . . . .
• Cognitive Intelligence (IQ)
• Aptitude
• Achievement
• Vocational Interest

• Personality
• Static—Results can change over
time

45

IQ vs. EQ

I. Q.
• cognitive capacity and function
abilities
• learn, recall, apply, think, reason,

abstract
• strategic – long term capacity
• solve problems – apply what you
learn
• think rationally
46

IQ vs. EQ

E. Q.
• emotional, personal, survival
• adapting to and coping
• understanding self + relating to

others
• dealing with environmental
demands
• ―tactical‖ – immediate functioning
• ―common sense‖ & ability to get
along 47

Applying EI thru the EQ-i2.0
There are many ways the EQ-i2.0 can be
used in the legal services environment:

• Selection – new hires & leaders
• Self-Awareness – career self-management

• Succession Planning – the future of the
firm / department
• Leadership Development -
• Executive Coaching – growth challenges
• Team Effectiveness – strategic work
management
49

EI & EQ-i 2.0 – Important for Lawyers and
Law Firms or Legal Departments?

BIG REASONS

• Recruitment and Retention

• Employee Development

• Professional Conduct 50

EI & EQ-i 2.0 – Important for Lawyers and
Law Firms/Legal Departments?
Recruitment & Retention

• Certified EQ-i 2.0 professionals, or other qualified
personnel, using the EQ-i 2.0 as a screening tool
in hiring, can assist firms in the selection of ―. . .
emotionally intelligent, emotionally healthy, and
the most-likely successful employees.‖

• When linked with interviews, and other sources
of information, the EQ-i 2.0 can increase the
reliability and efficiency of the recruitment
process.

• Sound recruiting processes can lead to higher
retention rates and reduced turnover, which
results in costs savings, improved employee 51
effectiveness, and increased morale.

EI & EQ-i 2.0 – Important for Lawyers
and Law Firms/Legal Departments?
Employee Development

• The EQ-i 2.0 measures the interaction
between a person and his or her
environment.

• Assessing and evaluating a person’s EI can
help to identify needs for targeted
development programs and measures.

• The results of targeted development
programs can increase individual
performance, interpersonal relations, and
leader potential. 52


Emotionally intelligent lawyers will:

• Be aware of their feelings, feel strong, and have
confidence in pursuing life’s goals
• Remain self-directed and openly expressive of

thoughts and feelings in constructive and
socially acceptable ways
• Inspire trust, understand, interact with and
relate well to others in a variety of situations,
including teams
• Grasp problems and devise effective solutions,
deal effectively with situations, and manage
impulses that may disrupt decision making 53
• And…..

An emotionally intelligent lawyer
will:

• Remain calm and focused

• Change direction or belief when
presented with new evidence,
• Demonstrate resilience, maintain a
positive attitude, and
• Constructively withstand adverse
events and conflicting emotions
54
without caving in.

Questions about EI…..

The question is not:

Should I want to be an
emotionally intelligent lawyer?

But,

How do I start……? 55

How will I look if I don’t…….?

Rules of Professional

Conduct & E.I.

57

EI and Lawyer Roles & Responsibilities

PREAMBLE
• A representative of clients:
• Advisor
• Advocate

• Negotiator
• Evaluator

All implicate Emotional
Intelligence. . . . . 58


PREAMBLE
• Professional functions:
• Competence
• Promptness

• Diligence
• Communication
• Confidentiality

All implicate Emotional 59

Intelligence. . . . .

PREAMBLE
• Rules and Guides of Conduct:
• Rules of Professional Conduct
• Substantive law

• Procedural law
• Personal conscience
• Approval of peers


PREAMBLE
• Conflicting responsibilities
resolution:
• Rules of Professional Conduct
• Professional discretion

• Professional judgment
• Moral judgment
• Zeal
• Civility & courtesy

RULE 4-1.1: COMPETENCE

A lawyer shall provide competent
representation to a client. Competent
representation requires the legal
knowledge, skill, thoroughness and

preparation reasonably necessary for
the representation. . . . .

• Legal Knowledge and Skill
• Thoroughness and Preparation
• Maintaining Competence 62

RULE 4-1.3: DILIGENCE

A lawyer shall act with
reasonable diligence and
promptness in representing a

client. . . . .

• Workload must be controlled
• Procrastination issue
• Carry through to conclusion 63

• Scope of representation

RULE 4-1.4: COMMUNICATION
(a) A lawyer shall:
(1) keep the client reasonably informed about
the status of the matter;
(2) promptly comply with reasonable requests
for information; and

(3) consult with the client about any relevant
limitation on the lawyer’s conduct when the
lawyer knows the client expects assistance not
permitted by the Rules of Professional Conduct
or other law.
(b) A lawyer shall explain a matter to the extent
reasonably necessary to permit the client to
make informed decisions regarding the
representation. 64

RULE 4-1.4: COMMUNICATION
• Client’s effective participation
• Sufficient information
• Tailored to circumstances of matter

• Regular communication
• Prompt acknowledgment
• Prompt response
• Tailored to individual client
• Appropriate timing
• Never withhold to serve other 65
interests

RULE 4-2.1: ADVISOR

In representing a client, a lawyer shall
exercise independent professional
judgment and render candid advice. In
rendering advice, a lawyer may refer not

only to law but to other considerations
such as moral, economic, social, and
political factors that may be relevant to
the client's situation.
• Straightforward
• Beyond the law
• Sorting through information
66
• Pro-active

RULE 4-3.1:
MERITORIOUS CLAIMS AND
CONTENTIONS

A lawyer shall not bring or defend a
proceeding, or assert or controvert an

issue therein, unless there is a basis in law
and fact for doing so that is not frivolous,
which includes a good faith argument for
an extension, modification, or reversal of
existing law. * * *

• Fullest extent, but recognize limits
67
• Avoid frivolous action


RULE 4-3.2: EXPEDITING
LITIGATION
A lawyer shall make reasonable
efforts to expedite litigation
consistent with the interests of the
client.

• Delay routinely for personal
convenience
• Delay to thwart or frustrate
• Always do it & it’s OK
68
• Substantial purpose standard

RULE 4-3.4: FAIRNESS TO OPPOSING
PARTY AND COUNSEL

A lawyer shall not:
(a) unlawfully obstruct another party's access to
evidence or unlawfully alter, destroy, or conceal
a document or other material having potential
evidentiary value. A lawyer shall not counsel or

assist another person to do any such act;

(b) falsify evidence, counsel or assist a witness to
testify falsely, or offer an inducement to a
witness that is prohibited by law;

(c) knowingly disobey an obligation under the
rules of a tribunal, except for an open refusal
69
based on an assertion that no valid obligation
exists;

(d) in pretrial procedure, make a frivolous
discovery request or fail to make reasonably
diligent effort to comply with a legally proper
discovery request by an opposing party;

(e) in trial, allude to any matter that the lawyer
does not reasonably believe is relevant or that
will not be supported by admissible evidence,

assert personal knowledge of facts in issue
except when testifying as a witness, or state a
personal opinion as to the justness of a cause,
the credibility of a witness, the culpability of a
civil litigant, or the guilt or innocence of an
accused; * * *
• Fair competition
• Document integrity 70
• Witness payments
• Employee information

Lawyers & EI – Volunteers Needed

• 2009 ―Big 50‖ MO Law Firm EI Survey
results

• The beginning – Law School – brain
training consequences: Carnegie Report . .

.take: . . . too much head, not enough
heart . . .

• The end - ―excellent lawyer‖ how defined?

• EI & the ―bottom line‖ – Law is a business:
clients, resources, profits vs. happy life +
long & productive career 72

2009 MO Lawyer EI Survey

• > 75 sent, less than 3% responded
• Grades, grades, grades…most
important
• Admitted own emotions derail work

• Admitted others’ emotions derail
work
• Admitted being smart is not enough,
but…grades……
• No EI training, no EI CLEs
73

Excellent Lawyer & EI

Should I strive to . . .

be like Abe Lincoln…..

75

Abraham Lincoln…..
―Discourage litigation. Persuade
your neighbors to compromise
whenever you can. Point out to them
how the nominal winner is often a

real loser -in fees, expenses, and
waste of time. As a peacemaker the
lawyer has a superior opportunity of
being a good [person]. There will
76
still be business enough.‖

Abe Lincoln -- an EI Lawyer……
• BRILLIANCE: astounding powers
of concentration, comprehension,
open-mindedness, discernment, and
communication

• SELF-CONTROL: clean living

habits and high integrity

• EMOTIONAL INTELLIGENCE: an
aptitude for dealing with peers
effectively

• SENSE OF PURPOSE: wanted to
make a difference in the world 77

72 Tex. B.J. 106

Excellent Lawyer & EI

Should I strive to . . .

be like Abe Lincoln…..

Or be like. . . . . .
78

EI & Work Success - Attorneys
MHS Research
5 Most Important Factors - Attorneys
High vs. Low Performers
1. Self – actualization

2. Happiness

3. Stress Tolerance

4. Assertiveness
81

5. Social Responsibility

82

References – Business & Psychology
Bar-On, R. (1997). EQ-i: Technical Manual. Toronto: Multi-
Health Systems, Inc.
Damasio, A.R. (1994). Descarte’s Error: Emotion, Reason, and
the Human Brain. New York: Grosset/Putnam.
Hughes, M.,Thompson, H., Terrell, J. (Eds.) (2009).
Handbook for developing emotional and social intelligence: best
practices, case studies, and strategies. San Francisco, CA:
Pfeiffer.
LeDoux, J. (1996). The Emotional Brain: The Mysterious

Underpinnings of Emotional Life. New York: Simon&
Schuster.
Pearman, R. (2002). Introduction to type and emotional
intelligence. Mountain View, CA: CPP, Inc.
Pearman, R. (2007). Understanding emotions. Winston-
Salem, NC: Leadership Performance Systems, Inc.
Pearman, R. (2008). Emotions and health. Winston-Salem,
NC: Leadership Performance Systems, Inc.
Pearman, R. (2008). Emotions and leadership. Winston-
Salem, NC: Leadership Performance Systems, Inc.
Pearman, R., Albritton, S. (2010). I’m not crazy, I’m just not
you: the real meaning of the 16 personality types: secrets to 83
how we can be so alike when we’re so different (2nd ed.).
Boston, MA: Nicholas Brealy.

References - Legal
Boston, T. (2009). The ultimate role model: what lawyers can
learn from Lincoln. Texas Bar Journal, 72, 106-110.
Juergens, A. (2005). Practicing what we teach: the
importance of emotion and community connection in law
work and law teaching. Clinical Law Review, 11, 413- 424.
Mines, R.A., Meyer, R.A., Mines, M.R. (2004). Emotional
intelligence and emotional toxicity: implications for
attorneys and law firms. The Colorado Lawyer, 33(4), 91-95.
Muir, R. (2007). The importance of emotional intelligence in
law firm partners. ABA Law Practice, 33(5), 60-65.

Richard, L. (2000). Hiring emotionally intelligent associates.
Vermont Bar Journal, 26, 23-26.
Rosenberg, J.D. (2004). Interpersonal dynamics: helping
lawyers learn the skills, and the importance, or human
relationships in the practice of law. University of Miami Law
Review, 58, 1225-1283.
Silver, M.A. (1999). Emotional intelligence and legal
education. Psychology, Public Policy, And Law, 5, 1173-1203.
Silver, M.A. (2009). Supporting attorneys’ personal skills.
Revista Juridica de la Universidad de Puerto Rico, 78, 147-165.
84

References - Legal

•Rule 226 Kansas Rules of
Professional Conduct

•Missouri Supreme Court
Rule 4.0

85

Web References – Emotional Intelligence

• Multi-Health Systems (EQ-i 2.0; MSCEIT)
http://www.mhs.com

• Reuven Bar-On (EQ-i),
http://www.reuvenbaron.org

• John Mayer (MSCEIT),
http://www.unh.edu/emotional_intelligence

• Consortium for Research on Emotional
Intelligence in Organizations,
http://www.eiconsortium.org

• Daniel Goleman (ECI), 86
http://danielgoleman.info

Thank you very much.

Thoughts?

Questions?

Feelings? 87

Conclusion & Thank You!
• This presentation has provided just a brief
introduction and overview of Emotional
Intelligence as defined and assessed by the
EQ-i 2.0, published by Multi-Health Systems.

• Please check out another source of
information used here: The EQ-Edge:
Emotional Intelligence and Your Success, 3rd

Ed., 2011, by Steven J. Stein, PhD & Howard
E. Book, MD, a practical and usable guide to
what EI is all about. See also
www.mhs.com/ei.

Thank you very much.

Dan DeFoe, JD MS
ddefoe@amfam.com
dan@adlitemsolutions.com 88
Certified EQ-i 2.0 Administrator

Emotional intelligence a necessary and valuable tool for lawyers, legal departments, and firms

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