Emotional Intelligence and Emotional Toxicity: Implications for Attorneys and Law Firms

• Publication year: 2004
• Pages: 91
• Citation: Vol. 33 No. 4 Pg. 91

33 Colo.Law. 91 Colorado Lawyer 2004.

2004, April, Pg. 91. Emotional Intelligence and Emotional Toxicity: Implications For Attorneys and Law Firms

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91

Vol. 33, No. 4, Pg. 91

The Colorado Lawyer
April 2004
Vol. 33, No. 4 [Page 91]

Specialty Law Columns
Young Lawyers Column
Emotional Intelligence and Emotional Toxicity: Implications For Attorneys and Law Firms
by Robert A. Mines, Rachel A. Meyer, Michael R. Mines

This column is sponsored by the Young Lawyers Division of the CBA and is designed to provide educational and professional information to younger and newer members of the CBA. The column is published four times per year

Column Editors

Matthew D. Macy, Englewood, of Stewart, Shortridge &amp Rothman, P.C. - (303) 694-2000, MMacy@ssr-law.net; Jake Matter, Denver, of Moye Giles LLP - (303) 292-2900, jake.matter@moyegiles.com

About The Authors:

This month's article was written by Robert A. Mines, a licensed psychologist and CEO of Mines and Associates, P.C.; Rachel A. Meyer, a research associate with Mines and Associates, P.C. and a psychology student at the University of North Carolina; and Michael R. Mines, a research associate with Mines and Associates, P.C. and a psychology student at the University of Northern Colorado. Littleton-based Mines and Associates, P.C. provides the Colorado Attorney Assistance Program for all licensed attorneys in Colorado - (303) 832-1068,
www.minesandassociates.com.

Attorneys can benefit throughout their careers by developing and implementing the "emotional intelligence" concepts discussed in this article. The construct of emotional intelligence and its emotional competencies are explained and applied to areas of revenue, productivity, and the general well-being of a law firm and its employees.

The successful practice of law does not rely solely on intellectual and technical abilities. A key area that may account for the level of an attorney's professional success is emotional intelligence ("EI"). EI has been described as "knowing one's emotions, managing emotions, motivating oneself, recognizing emotions in others, and handling relationships."1

Over the course of their careers, attorneys can benefit from developing EI and associated skills. According to research on EI, individuals who are emotionally competent - generally possess key abilities to understand and manage themselves and others - have the most potential in the workplace.2

This article describes how the parameters for success are changing and how EI may facilitate a productive and profitable practice. The article also explains the construct of EI and its emotional competencies and applies EI to areas of revenue, productivity, and the general well-being of law firms and their employees.

Emotional Competencies: Behavioral Skills

Numerous emotional skills, traits, and characteristics are associated with EI.3 According to research in the area, individuals with higher EI have a strong base for the presence and development of emotional competencies - behavioral skills that boost performance in the workplace.4

Four clusters of emotional competencies have been identified, each of which encompasses a specific set of capabilities. These emotional competencies consist of: (1) self-awareness; (2) self-management; (3) social awareness; and (4) social skills.5

Self-Awareness: Contained in this cluster are emotional self-awareness, accurate self-assessment, and self-confidence.

Self-Management: This cluster is comprised of self-control, adaptability, conscientiousness, trustworthiness, initiative, and drive to achieve.

Social Awareness: Included in this cluster are the skills of empathy, service orientation, and organizational awareness.

Social Skills: This cluster incorporates skills of leadership, cultivating the development of others, influence, being a change catalyst, communication, conflict management, building bonds, teamwork, and collaboration.6

Research has shown that emotional competencies accounted for two-thirds of the distinctive characteristics of top performers. Technical skills and cognitive abilities were responsible for the remaining one-third of high performance.7

Economic Effects of EI

Studies have been conducted to determine the economic effects of high versus low EI in the workplace. To quantify these effects, researchers have examined characteristics that distinguish top performers from average and below-average performers.

One study found that in jobs of medium complexity (mechanics and sales clerks), a top performer with high EI was twelve times more productive that those at the bottom. The top performer was 85 percent more productive than an average performer.8 The same study found that top performers with high EI in the most complex of jobs - such as account managers, lawyers, and doctors - out-produced average peers at a rate of 127 percent.9

In a study at a national insurance company, researchers found that insurance sales agents who were lacking in such emotional competencies as self-confidence, initiative, and empathy were selling policies that averaged premiums of $54,000. Among sales agents who exhibited strength in at least five of eight key emotional competencies, policies sold were worth $114,000 per top agent.10 Emotional competencies generally accounted for two-thirds of the variance related to performance. However, at top-level positions, those competencies accounted for up to four-fifths of performance.11 For this reason, the importance of EI in partners, managers, and administrators was magnified, as were its effects on revenue and employee retention.

A study of a large, multinational beverage firm found that when the firm hired division presidents according to standard protocol, there was a 50 percent turnover rate within the first two years.12 Of those who left, poor performance was the most common factor. When the firm hired for the same positions on the basis of strong emotional competencies such as leadership, initiative, and self-confidence, only 6 percent left within two years. This study also found that...