July 2015

Capital Connection is published monthly for members of the Capital Chapter of the Association of Legal Administrators to provide information for the education and benefit of legal administrators, law office managers, managing partners of law firms, and other law related associations. Capital Connection is not engaged in rendering legal, financial, or tax counseling or advice through this publication.  The contents of all articles, letters, and advertisements published in Capital Connection should not be considered endorsements by the Capital Chapter of ALA nor the opinion expressed therein of any products advertised.   Contributing authors are requested and expected to disclose financial an/or professional interests and affiliations that may influence their writing position. Articles and materials accepted for publication are subject to editing by the editorial team and become property of the Capital Chapter of the Association of Legal Administrators. 
Editor: Jacqueline Moline 
Associate Editors: Paula Serratore; Cindy Conover
Contributing Editors: Beth L. Fowler, CLM; Kim White; LaVerne W. Anenia, SPHR; Jim Turner; Jenna L. Carter; Denise A. Robinson; Veronica F. Adams; Connie Summers; Emily Christianson
Newsletter Designed By: Scoti Dodson


In this issue:

President's Message

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Diversity. Inclusion. Transgender. Gay marriage.  These are just a few of the terms that we hear in our daily lives that were nowhere in the picture when I was growing up in a mostly white suburb of Philadelphia.  My parents raised my brothers and me to be accepting of those who were different from us, but at the same time, it was often obvious that there were many times that they were uncomfortable around people of different ethnicity, color, religion, or sexual preference.   They knew what was right, but it was hard for them to put in practice because it made them uncomfortable.

I recently went on line and took one of The Implicit Association Tests at https://implicit.harvard.edu/implicit/takeatest.html.  These tests were developed by Project Implicit, a non-profit organization and international collaboration among researchers who are interested in implicit social cognition - thoughts and feelings outside of conscious awareness and control.  At the end of the test, you are informed of the results that indicate your unconscious preferences for certain races, skin color, etc.  My test results indicated that I prefer what I am most comfortable with – consciously or unconsciously.

How many of us are dealing with similar situations in our firms?   After years of attending seminars and reading about how to achieve diversity in our firms, it became clear that diversity programs weren’t working the way we wanted them to, because the people we hired didn’t feel comfortable, or included.  Our challenge is not only to recruit and hire diverse employees, but to make sure that everyone feels included.  This means taking into account not only the people we are hiring, but also our current employees – everyone in the firm must be on board in order for our inclusion programs to work.  But how do we make that happen when it makes some people uncomfortable?

I am so pleased that the Diversity & Inclusion Committee of the Capital Chapter has gotten off the ground this year, under the leadership of Monique Terrell and Vanessa Partin.  They have an enthusiastic committee, and everyone is dedicated to increasing awareness of, and sensitivity to, diversity within our Association and the local legal community.  They will be working throughout the year to provide our chapter with resources and educational programs to help us help our firms have successful diversity & inclusion programs.  Please visit the Chapter website at http://www.alacapchap.org/aboutus/diversity-inclusion/ to find out more.  This month’s newsletter focus is on Diversity & Inclusion, and every month our newsletter will feature monthly spotlights regarding Diversity & Inclusion, which will also be available via a link from the Friday email.  On August 6, our monthly Lunch and Learn will be Diversity & Inclusion:  60 Tips in 75 Minutes.  The event will be held at Mayer Brown from 11:30 – 2:00, look for a sign up link in the Friday email.

At the May D&I committee meeting, we watched a very compelling TED talk entitled Color Blind or Color Brave, given by Mellody Hobson, President of Ariel Investments.  If you have 15 minutes, I urge you to watch:  http://www.ted.com/talks/mellody_hobson_color_blind_or_color_brave#t-165882

Ms. Hobson refers to the subject of race as a "conversational third rail – first there is shock, and then there is silence." But, she says, that's exactly why we need to start talking about it.  The first step to solving any problem is to not hide from it, and the first step to any form of action is awareness.  All of us who watched this powerful talk felt a range of emotions while listening to Mellody’s message, which definitely helped each of us to come to new awareness.  I am proud of our chapter for taking the first step, and look forward to working with the D & I Committee to help us become more aware as individuals, and as leaders in our firms.

New & Returning Chapter Members

Marilyn P. Howell
Technology Support Manager
Proskauer Rose LLP
1001 Pennsylvania Avenue NW
Suite 600 South
Washington, DC 20004
mhowell@proskauer.com

Kerri Lawrence
Controller
Lewis Baach PLLC
1899 Pennsylvania Avenue NW
Suite 600
Washington, DC 20006
kerri.lawrence@lewisbaach.com
Edward Terry
Manager of Information SErvices
Caplin & Drysdale, Chartered
One Thomas Circle NW
Suite 1100
Washington, DC 20005
eterry@capdale.com

Carolyn Marbury
Facilities Manager
Willkie Farr & Gallagher LLP
1875 K Street NW
Washington, DC 20006
cmarbury@willkie.com

Adams & Martin Group Spotlight: Interviewer Tips

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By: Kim White

Interviewing is the tried and true method to uncover a candidate’s abilities and determine if they will be a match with the culture of your organization. Effective interviewing can ensure that your organization and the interviewee understand each other’s expectations, which can lead to lower turnover, higher employee engagement, and the foundation of a positive and fulfilling work environment. With those objectives in mind, consider the following interviewing process tips used by top employers to identify the best applicants.

1. Envision the Perfect Candidate
It’s essential to know exactly what you’re looking for in a candidate before starting your search. If you need a place to start, assess top performers currently in that role and define what makes them successful. 

2. Establish a Pre-Screening Protocol
Research shows that the average interview lasts 40 minutes. That time can really add up. In-person interviews should be reserved for only the most likely hires. This means you might want to fine-tune your pre-screening procedures to ensure the very best candidates are selected for interviews. Include other evaluation methods like reference checks and skills assessments to weed out unfit applicants. top employers encourage frequent communication between all managers to ensure consensus on who should move from the pre-screen stage to an in-person interview.

3. Prepare for the Interview
Top employers plan ahead and develop targeted interview questions for each position. Before the interview, organizations should create a system that judges candidates fairly and objectively. For example, create a list of questions to pose to all applicants and a rubric to compare interviewees on a common scale.

Top employers also use behavioral interviewing techniques. For instance, if you’re searching for an employee who is personable and flexible in a variety of situations, consider changing your line of questioning quickly from topic to topic. If an applicant remains cool during rapid questioning, chances are good that they perform well under pressure.

4. Avoid Bland, Uninformative Q & A
Most applicants have built a cache of interview answers, which means that unfit candidates can shine alongside the most capable applicants when asked standard interview questions. Once they have utilized their objective interview questions, top employers adjust their interviewing style away from a one-size-fits-all question and answer session and toward a customized and insightful approach.

5. Get Others Involved
Top employers involve multiple people in the interviewing process, such as the candidate’s potential manager and other managers, and peers on their team. A candidate who meshes with a manager but clashes with the rest of the team will likely not last long, no matter how great the salary or benefits. 

6. Reevaluate the System
It’s important to reevaluate protocols every six months or so to ensure that they remain effective. Don’t be afraid to try new interviewing strategies. Sometimes the most unlikely approaches can uncover the best candidates who will be passionate about building your organization.

Sources: Forbes, CareerBuilder, Open Req, XeniumHR.com.

Cooling It Down for the Lawyers Have Heart Race

By: LaVerne W. Anenia, SPHR of Millen, White, Zelano & Branigan, P.C.

On a very hot day in June, when the weather averaged 96 degrees, we celebrated thousands of brave runners who participated in the 25th Annual Lawyers Have Heart Race, 10K Race, 5K Run/Walk.  This fundraising event supports the American Heart & American Stroke Association’s mission to building healthier lives free of cardiovascular disease and stroke.  Those runners, who took over K Street in a blaze, raised $743,906!

The Association of Legal Administrators (ALA) members were enthusiastic about giving their time to this cause.  ALA members and friends handed out water and ice cold sponges to very grateful, sweat-dripping folks.  There were a lot of laughs, a lot of fun and high energy encouragement for those running.  Immediately after the race, our volunteers enjoyed a complimentary brunch at Mr. Smith’s in Georgetown. The restaurant graciously opened early to accommodate Chapter President Beth Fowler and her crew.  We hope to see you all at this volunteer opportunity in 2016!

Hilltop Consultants Spotlight: Take a Layered Approach to Network Security

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By: Jim Turner

Much like dressing appropriately for bad weather, it is important to equip your computers for the harshest environment of all, the internet.  The internet is filled with hackers, identity thieves, and cyber extortionists.  They want your personal information, your data, and ultimately your money.  The tools that are employed to breach your networks are destructive, and those that use them don’t care what damage they cause to your firm, reputation, or clients.  As long as they are able to get access to your digital assets, they will use any means necessary.

The best protection from these scoundrels is multiple layers of security.  Unlike the threats we faced 10 years ago, there is no single solution that will prevent viruses, malware, and ransomware from attacking and penetrating your computers and law firm’s network.

How do you know if your firm is completely protected?
Most likely, you are not.  The important thing to realize is that no solution, even a layered solution will protect you from every single threat out there.  The minute that your firm has all of the best tools in place, new hacking tools and methods are being created.  The best thing that you can do is to implement the right security solutions and policies, train your staff, and implement tools that can detect if your computers have been hacked and your network breached.

What tools should you be using?
Start with antivirus and anti-malware software.  All computers that connect to your network must have this protection.  There can be no exceptions, even if the computers are owned by partners and staff that connect from home.

Your firm must have a current firewall with software that allows you monitor your network traffic and block malicious servers as well as internet users in countries that have no business accessing your network.  This is not to say that people in these countries should not be able to send you email or visit your website, but there is no reason that they should be trying to access your internal servers such as Citrix, Terminal Server, or VPN solutions.  A properly monitored firewall can also alert you if suspicious traffic is coming from your network and depositing your data somewhere else on the Internet.

You need an email security system.  A cloud solution that provides a level of email continuity is best.  The email security system should scrub your inbound and outbound email for suspicious attachments and links.  It should also block senders that have a bad reputation for spamming the Internet.

Implement password policies that require complex passwords that need to be changed on a regular basis.  Don’t count on your users to change their passwords on their own.  Make sure that you disable or delete user and email account accounts that are no longer needed.  Each unused account that exists on your network gives a hacker one more chance to access your network.
 
Use a system that can wipe lost or stolen computers and wireless devices.  Make sure that the devices have passwords and lockouts enabled.  It is far too easy to lose a device in a taxi or airport security.  Consider enabling encrypted file systems on all mobile computers.

DNS based internet security services like OpenDNS provide a level of protection that most firms have not yet implemented.  OpenDNS will prevent your computer from accessing websites known to host malware or other dangerous content.  Since many of the modern threats to your network are delivered via email.  Fake fax emails as well as Cryptocker ransomware normally do not include infected files that can be detected with antivirus.  Instead, they trick you into clicking a link that downloads a dangerous payload.  OpenDNS will prevent your computer from downloading Cryptocker, even if the email gets past your email security system.  The really cool thing about this service, is that it works when your computers are out of the office.  It is not dependent on your firm's firewall.  As well, OpenDNS has the ability to monitor and filter website access by your staff, thus providing an ability to monitor adherence to your firm’s Internet access policy.

Finally, train your users regularly.  Train them to be suspicious, paranoid, and cynical.  Train them to never click on links or open attachments when the message is unexpected or out of character for the sender.  Consider using a service that will send fake phishing emails to your staff to identify those that are most likely to open these dangerous emails.  These services will also provide training materials for your users, if they click on the email link.  Train your users to not provide confidential information such as passwords and account numbers over email without encryption. A properly managed outbound email filter can scan for sensitive information in email before it leaves your firm.  Make sure staff knows not to transfer money or pay bills without verbally verifying with the alleged sender.  Hilltop Consultants recently assisted a client after an accountant received a spoofed email from the CEO requesting a large wire transfer to a bank account in Hong Kong.  This criminal went as far as to register an internet domain name very similar to that of the business.  A simple phone call between the accountant and CEO could have avoided this situation, and the ensuing FBI investigation.

Protecting your servers, network, and users from threats on the internet is not an easy task.  It takes a significant experience and investment of time and resources.

If you read this article and found it to be scary, that is a good thing.  The internet is a scary place.  You need all the protection you can get.  It also helps to have a partner like Hilltop Consultants that can help you manage these threats.

CLM Update from ALA

Important information  regarding CLM certification sessions at ALA  conferences:

Those applying for the CLM exam have to fulfill certain education requirements. There are general education requirements everyone applying for the exam has to fulfill. And there are an additional 15 hours of education that Functional Specialists, such as such as a Finance Manager, Docket Manager, IT Manager, HR Manager, etc., need to fulfill to apply for the exam.

ALA designates those sessions with a CLM that apply for the general education requirements along with a statement of what area if qualifies for. But in fact, anyone who is Functional Specialist, can use ALL of our sessions (exceptions: NOT Idea Exchanges, BOLD Bites, Business Matters, Ignite, or Roundtables discussions) towards the additional 15 hours they need for the application, as long as the subject area is outside their area of specialty. And of course, they can also use those sessions called out that qualify for the general education requirements, and use them to fulfill their general educational requirements.  Additionally, all of our sessions (minus the exceptions noted here) count for Recertification as well.

So to summarize:
  • All regular sessions at ALA conferences can potentially count for Functional Specialists applying for the exam, as long as the subject area is outside their area of specialty.
  • All regular sessions at ALA  conferences count for CLM Recertification
  • Sessions designated with the CLM are those that qualify for the general education requirements of the CLM application.
  • The sessions that DON’T count for any CLM credit are Idea Exchanges, Roundtable discussions, IGNITE sessions, and BOLD Bite sessions. 
If anyone needs help with Certification-related items, please contact Sue Powers at ALA: spowers@alanet.org or 847 267 1394

Risky Business! What You Always Wanted to Know About Risk Management But May Have Never Asked

By: Jenna L. Carter, VP Community Services
Office Administrator, Husch Blackwell LLP

On Thursday, June 25th, presenter Jennifer Schwendemann gave an information-packed program about two critically important topics: conflicts and risk management. 

Jennifer explained that risk management in a law firm is critical to mitigating risk.  We also learned the basics of conflicts and left understanding why it’s important to have a risk management program. We discussed the various ways to identify advanced conflict issues such as direct adversity, substantially related test, and how to treat organizational clients.  

Attendees learned when to conduct a conflict search, the ethical rules that surround lateral conflicts, current and former clients.  We discovered how to deal with outside counsel, business conflicts, and ethical walls.  Finally, we examined best practices to deal with lateral attorney conflicts and discussed how to customize our departing lawyer and lateral integration processes to limit risk to our firm.

Diversity & Inclusion Starts With You

By: Denise A. Robinson

Advancing diversity and inclusion in the workplace is a change management process. The goal is to see that change at an organizational level, with a workforce that reflects a wide range of identities and backgrounds, and workplace cultures that embrace and leverage those differences for excellence. Yet, just as organizations are essentially a collection of individuals coming together for a common purpose, the change process toward greater diversity and inclusion starts with individual shifts in perspectives and actions. These shifts influence others through interpersonal connections, and before long, approaches and behaviors that are collectively repeated become organizational norms. Making diversity and inclusion part of those norms requires that individuals behave in ways that embrace these principles, and influence others to do the same.

The “Elevator Experiment” episode of the once-popular television series, Candid Camera, illustrates this principle in a humorous, but effective way. In this episode, a couple of the show’s actors enter and face the back of an elevator, contrary to the customary experience of entering an elevator and turning around to face toward the elevator doors. When unsuspecting members of the public enter the elevator with the Candid Camera actors, they start out facing forward, but it takes only seconds for these individuals to turn around and face backwards, just like the actors.

While organizational change usually requires more time, the “Elevator Experiment” demonstrates the power that the actions of a small group of individuals can have in changing a well-established norm. This is good news and bad news for diversity and inclusion. The good news is that despite long-standing law firm cultures that use a narrow standard to define who’s in and who’s out, change is possible when individuals choose a path toward greater diversity and inclusion. The bad news is that if no one steps forward to change, the status quo is sure to persist.

As law firm administrators, you are uniquely positioned to serve as a catalyst for change in your organization due to your close interaction with both staff and lawyers. Each of these interactions influences others’ behaviors and, ultimately, organizational norms. The question is how can you influence others to ‘turn around’ toward advancing diversity and inclusion?

The first step is to understand why diversity and inclusion in the workplace are essential to its viability. One of the most compelling reasons comes from research showing that diverse teams outperform homogeneous teams at developing innovative and effective solutions to complex problems – precisely the types of problems law firms exist to address.  According to Scott Page, author of The Difference, homogeneous groups are at a disadvantage because they tend to “get stuck in the same places” when addressing a difficult problem. To work effectively, however, diverse teams must be inclusive; that is, they must value different approaches, perspectives, and experiences.

The advantage of inclusive diversity over homogeneity in problem solving is just one of many compelling reasons to embrace diversity and inclusion. There are also personal experiences each individual can draw on to better understand the need for diversity and inclusion in the workplace. Accordingly, the next step is to practice reflective exercises to shift one’s perspectives and behaviors in the face of difference. Some of these exercises include:
  • Checking Your Biases: Take stock of who you gravitate towards, as well as those you move away from in the workplace. Be honest about why, but resist judging your answers. Treat your impressions as information, but compare that information to objective standards. Remain open to receiving more information than what your initial reactions provide.  
  • Applying Empathy: Consider experiences you have had with feeling like an outsider. Explore what that feels like physically and otherwise. How does it impact your ability to focus and concentrate? Use that information to connect to underrepresented individuals and others who are feeling excluded. Do for them what you would have wanted others to do for you in your outsider experience. 
  • Owning It: Whether or not your firm has a diversity & inclusion professional, the responsibility for advancing diversity and inclusion sits with each person in the organization. While some have more specific duties or a broader sphere of influence, ultimately, each individual has a role to play to advance diversity and inclusion, just as each person contributes in some way to the mission of the organization. 

Practicing these exercises regularly and internalizing the importance of diversity and inclusion sets the foundation for embracing the change you want to see in your organization.

Denise A. Robinson is the Founding Principal of The Still Center, which facilitates personal, interpersonal and systemic transformation from the inside out. She has formerly held diversity management and leadership roles at the International Monetary Fund and O’Melveny & Myers LLP, respectively. She resides in Bethesda, Maryland, and can be reached at denise@thestillcenter.com.

Inclusiveness: Got Two Seconds?

By: Sisera Daniels, Kutak Rock LLP

Profitability.  Long-Term Business Success.  Client Pressures.  Run a quick web inquiry and you’ll find that these are leading reasons law firms should be focused on diversity.  As a partner at a 500+ attorney firm and member of our National Inclusiveness and Diversity Committee, I couldn’t agree more.  However, an encounter my mother had during this year’s partnership retreat reminds me of a concept, emphasized only recently, that is also critical to the overall success of our industry:  inclusiveness.

My mother had accompanied me on the retreat to help with my first child, a 4-month old (I couldn’t fathom leaving the baby behind with my husband).  During the closing dinner, to which guests were invited, my mom remained at a table with several partners in our firm’s Health Care Group while the baby and I caught up with other colleagues.  When I rejoined the table, my mom finished her food quickly and took the baby back to the hotel room, nervously announcing that he needed a diaper change.  

Later, my mom anxiously explained that while one of the health care partners at the table described his practice, she erroneously assumed, out loud, that he had worked with the President to “start Obamacare.”  I was petrified!  No one person “started Obamacare,” and didn’t my mom know that the term “Obamacare” is offensive to some?  

As fate would have it, while grabbing coffee the next morning, I reached for the creamer carafe at the same time as the health care partner’s spouse.  Sensing my embarrassment, she pulled me aside and remarked, “Let your wonderful mother know that after 20+ years, even I have no clue what my husband does.  I’ve advised [him] time and time again to speak of his job from the non-lawyer’s perspective, not just his own.”

Having had multiple months to reflect on my partner’s spouse’s words, I’ve concluded that she described a core element of inclusiveness – consideration of others’ perspectives and experiences before speaking.  Wouldn’t document negotiations and depositions be less tense, social networking events, less awkward and the entire business world, much better, if everyone spent just two seconds contemplating counterpart positions before responding, or soliciting ideas from folks of various interests and backgrounds before making tough decisions?  I think so.

It should go without saying that inclusiveness is a two-way street that doesn’t end with firm management and partners.  In my partner’s defense, it took less than two seconds for him to welcome my mother when we approached the dinner table.  He couldn’t have known that my mother would associate his “representation of owner-operated healthcare facilities through complex regulatory frameworks” with political issues surrounding the Affordable Care Act.    And yet, when I explained to my mom on the flight home that the partner helped hospitals to comply with various federal and state laws, she remembered that one of her now-deceased patients (my mom’s a retired nurse’s assistant) had been an executive at a large hospital in our hometown.  She sighed, wishing she had paused for just two seconds and listened to my partner’s introduction in order to provide more thoughtful input.  What a difference two seconds make.


Ms. Daniel practices in the area of public finance, focusing primarily on housing finance at Kutak Rock LLP in Washington DC

Why, Unfortunately, Alice Still Isn't Too Tall for the Glass Ceiling

By: Veronica F. Adams

I’ve just read yet another article about the problem of there being so few women in senior leadership roles across sectors, but which offers no explanation for the root causes, and therefore, no real solutions. I can provide some light on why these gaps remain, and why even after 30 years of women's leadership development programs, the needle has barely moved. This, despite that the data is clear that that companies with gender balance in the C-Suite and boardrooms do better financially (Catalyst.org, 2004; McKinsey & Co, 2011), and despite that many organizations say they want more women in senior roles.

As an organizational learning and development specialist with diversity & inclusion expertise, a couple of years ago I was hired to lead an evaluation process of the women’s leadership development (WLD) program of a globally respected leadership development company. I conducted numerous interviews with people involved with WLD work and immersed myself in a variety of studies, articles, and books. Themes began to repeat themselves over and again about both the limitations that women impose upon themselves, and the “glass” systems at play that limit them. One reason that I was engaged for this role was because I didn’t come in with particular WLD expertise and therefore had no preconceived notions. But at some point, as certain patterns emerged in my research, I began to see my own life experience as a woman in what I was hearing and reading.

Let me underscore that the primary point in all of this is that WLD is not just a “woman ‘thang.’” If the many men who really do care about women, about fairness and equity, and about improving their organizations’ bottom lines get proactively involved with WLD – this problem would be well on its way toward being fixed in a few years time, and to the benefit of both men, women, and their families.

Here are a few reasons for the gender-gap in leadership roles: 
  • “Fixing” Women vs. Addressing Limitations Within the System: Most WLD programs focus solely on morphing women to fit into the current (often limited) leadership “norms,” whereupon they will inevitably be faced with "The Goldilocks Syndrome.” This means women are always seen as “Too soft or too tough, but never ‘just righ’” or "Damned if they do, doomed if they don't." (Catalyst.org’s “Double- bind Dilemma Research Project,” 2007) Many women (and men) definitely can benefit from tailored leadership development, but only an approach that also deals with the system at hand is going to work. 
  • “The Pecking Order”: Men certainly aren’t entirely to blame for gender-bias. 360 degree feedback studies show that women are at least as hard on other women as men are. Sadly, this holds true around the world, and increases with the level of societal sexism and misogyny. It is one of the inevitable ugly by-products of what is called “internalized oppression” or “the pecking order,” which is when any group that has been marginalized or oppressed for a period of time starts believing the “negative press” about its own group as not being as good, smart, capable, attractive, moral, etc., and starts turning on itself. (i.e. the Brown vs. Board of Education Clark baby-doll experiment) .
  • Not involving Pro-women Men in the Re-education Process: Although many open-minded, pro-women men would be natural allies, there is a dearth of training to help them to better discern how (unconscious) male privilege operates and the various manifestations of systemic bias at work. With additional support in understanding gender bias, they could effectively coach other men and be more proactive in addressing sexism in their workplaces. The most valuable allies in addressing any sort of “ism,” racism, ableism, ageism, homophobia, xenophobia, etc., are those from the dominant group who can serve as non-threatening exemplars. 
  • Conscientiousness Over Networking: Women tend to take pride in a) ensuring that the details attached to their roles are carried through with great conscientiousness; and b) in performing miracles with limited resources in hopes of receiving notice and reward. They’ll often eat lunch at their desks to get it all done -- while many of their less perfectionist male counterparts head out to local eateries to build relationships, which serves to get them ahead. In other words, because many women idealistically believe in workplace meritocracy, they tend to focus on “getting it right” instead of doing the necessary self-promotion and politicking. They also fear being seen as self-serving.
  • “The Vision Thang” Sacrificed at the Alter of “Being Practical”: 360 degree surveys show that while women frequently rank equal or surpass their male counterparts in most leadership competencies, they are also seen as less "visionary" by all genders. Whether or not one is considered to “have vision” is key to being perceived as worthy of “the helm.” I assert that this apparent “failing” is due to the fact that women are painfully aware of the stereotypical view of females as being emotional and impractical, so many may avoid putting forth more innovative ideas that might be seen as risky. (“Damned if they do; doomed if they don’t.”) 
  • Men Need Coaching on Coaching Women: Men, who still comprise most of senior management, are generally not trained on how to coach women, which often requires a wider range of coaching styles. Men can also be apprehensive about societal perceptions of spending time with their female mentees, as freely as they do with their male mentees. Whether it’s going “out for a beer” or spending time alone behind closed doors, either can be misconstrued by some. Men need assistance in learning how to comfortably navigate the unfortunate sexual politics. 
  • Perceived lack of Experience: Studies have shown that women typically don’t apply for jobs unless they feel they meet ~90% of the criteria. On the other hand, men are more likely to apply even if they only have 50% of the required experience, figuring they will learn what they need to on the job. Therefore, there are fewer women applicants for many roles, regardless of whether they have just as much, if not more of the experience and skills needed for those positions. 
  • Lack of Men Advocating for Women as They Do for Other Men: Even when women do have mentors and coaches, they rarely have "advocates" to the extent men do. Coaches generally offer quiet one-on- one support. Advocates, on the other hand, are in the organizational mix talking up those they think should be given opportunities, akin to "campaign managers" or "talent agents." 
  • Need for Women to Pursue Strategic Field & Line Management Roles: Women tend to work in the departments such as HR, T&D, marketing, and finance vs. those that are seen as more strategic: line and field management, operations, and sales. Women who want to move up to the top echelons need to be willing to “get in the trenches” and take on some less desirable field assignments. 
There were a few other factors that I encountered in my research, including some of the advantages that I believe men have gained through sports training that women generally have had less of. (Another article!) But this list of nine provides some key starting points that rarely enter into the leadership gender-gap conversation, and they need to. As with any human social identity that has evolved over centuries and generations, “it’s complicated.” But for any real progress to be made in this area, leaders who actually care need to throw away the “broad brushes” and look more deeply at the root causes, just as they do in pouring over their market analyses and forecasting reports. 

The task at hand is manageable, if both men and women learn together how systemic gender bias or "sexism" perpetuates itself; how "internalized oppression" unconsciously impacts the confidence of many women and how they sometimes treat one another; and how "unconscious male privilege" continues to keep many good men in the dark about what "the problem" is.

The current system limits not just women, but men, their families, and our future as a society. Our economy, our governing institutions, and our world need all the intelligent, courageous, ethical, and creative leaders we can find. We can no longer afford to limit the potential contributions of half of the world’s population. 

[Reprinted with permission.]

Human Resource Section Update

By:  Connie Summers, HR Section Chair
Office Manager, Three Crowns LLP

The Capital Chapter’s HR Section continues to host informative and interactive meetings each month that are very well attended.  On July 8, the roundtable discussion amongst 24 members included diversity opportunities and roadblocks, mentoring, library services, team structures, and staff recruitment opportunities.  At our June meeting with 28 members in attendance, we discussed the performance evaluation process and provided several handouts for consideration.  The next HR Section meeting is scheduled to take place on August 19, and we look forward to another productive dialog.  

If you are interested in joining the HR Section, please contact Chapter Headquarters: info@alacapchap.org.  

SAVE THE DATE: HUMAN RESOURCES RETREAT
In addition, the Education Committee and HR Section are excited to announce the first HR Retreat scheduled to take place on October 14.  The half-day program will include lunch, followed by three speakers and a networking happy hour.  The theme for this retreat is “HR’s Three Prong Strategy:  Talent, Training and Teams”, and we are certain that the presentations will provide learning objectives and actionable items of interest to the Chapter’s members.  Invitations to the retreat will go out after the Labor Day holiday.

Small Firm Section Update

By: Emily Christianson, Small Firm Section Chair
Office Manager, Relman, Dane & Colfax PLLC

Our Small Firm Administrators June meeting was hosted by Collen Brown at Hyman, Phelps, & McNamara, PC and the topic of operating expense review was presented by Jon Olmstead and Andrew Board from Cresa.  We learned a lot of valuable information regarding what, as tenants, we should be watching out for throughout our lease, not just at renewal time.   Below is a good summary of some of the information that was discussed and ways to ensure you are getting all that you are to expect from your lease and that landlords aren’t passing off cost to you that are not your responsibility.   

Operating Expense Reconciliations Need Review

It pays for tenant to scrutinize statements.
We are headed into that time of year when landlords provide tenants with their operating expense reconciliations. This is basically a “true-up” of the actual costs incurred versus the costs budgeted and already paid by the tenant. When you receive this document, it might be worthwhile to take a closer look to discover if the charges are appropriate. In spite of best efforts, there are often mistakes on these documents. As a tenant, aside from wanting to make sure the math has in fact been calculated accurately, it’s important to realize most landlords issue their reconciliations based upon the “standard” lease, and your lease may include material differences from that standard. You should first refer to the detailed Lease Abstract  provided to you by your real estate adviser at the time that the transaction was consummated.

What should tenants know?
A well-negotiated lease document will clearly define what are allowable operating expenses, making explicit their proper accounting treatment, and also define which costs are not allowed to be charged to the tenant. Typically, “operating costs” include your real estate taxes, cleaning, common area maintenance, building insurance, management fees and repairs that had to be done during the year. In practice, a landlord will estimate the expenses of your property for the upcoming calendar year. As a tenant you will pay your percentage share of these estimates throughout the year. After the end of the year, when the actual expenditures can be calculated (typically 90 to 120 days into the year) the landlord sends a bill for any amount that exceeded the budget. Over the course of the lease, this can become a significant expense that should, at the very least, be understood. There is enough gray area in calculating operating expenses that entire businesses exist for the purpose of auditing these costs for clients.

When should tenants be concerned?
If you think the expenses are extraordinary, you should ask your landlord for an explanation of the charges. Upon receipt of that explanation, if there is still concern, you can contact your real estate adviser.  Often the best way to go about assuring accuracy is to perform a “desk-top” audit which your real estate adviser should be able to accomplish for you.

What you should look for is the percentage of increase from your last year’s operating expense statement. With the exception of taxes, insurance, utilities, and repairs and maintenance (based on the age of your building) it’s customary for most categories of operating expenses to escalate 5 percent per year. If you move beyond this number, you probably want to question that and certainly if you hit a double digit number and explanation is due.

The following issues are often predictive of errors and overcharges:
Major work done to a building during the year. If this is your situation, you want to pay very close attention to make sure that the treatment of your operating expenses is done according to generally accepted accounting principles (GAAP). For instance, if you have a new roof put on your building, or if the lobby was redone, those things should be capitalized and, in the case of most leases, excluded from the operating costs charged to tenants.

Most often after a sale of a building the new owners or property managers often implement their own accounting practices and methodologies, and this can create artificial increases in tenant obligations. In the event of a sale, we also frequently see significant clerical mistakes simply made because the new owner did not properly read your lease. Vacancy frequently leads to errors and overcharges as a result of the landlord’s process of extrapolating the building’s expenses to reflect what they would have been at full occupancy (commonly referred to as a “gross up”).

What can be done to mitigate expenses?
Since you, as a tenant, do not control the operation of the building, you need to rely on the professional expertise of the landlord. The items that a tenant can control are typically limited to your HVAC and electric consumption. Keeping thermostats at a reasonable temperature and turning lights off or, better yet, having light sensors installed can help. Another way to mitigate your expenses is to have a well-negotiated lease document and have the right to audit operating expenses. Without this right in your lease you have limited recourse if expenses escalate rapidly. Just the simple fact of having the right to audit should help in making sure that expenses are properly accounted for. In some cases we see companies performing annual audits on the expenses as a matter of business practice. This certainly puts all parties on notice that attention is being paid to this item and tends to lead to a higher degree of accuracy on the statements. Considering that 80 percent of reconciliation statements contain items that need further clarification, 25 percent of which are material enough to warrant an in-depth audit, tenants should pay very close attention to these bills when they receive them.

What should landlord provide?
When you have requested expense information, the landlord should be able to provide the documentation that showed what was budgeted for by category for the year as well the actual expenses incurred. This documentation should include a detailed line-item statement. There should be an explanation, by account of the actual versus the budgeted charges. It is not unreasonable for the tenant to request at least two prior year’s worth of history, if you have had the same landlord or property manager. By having this history, it will help you to ascertain the charges category by category.

Administrative Committees

Communications and Media Relations
As members of the Newsletter and Media Relations Committee, Chapter members participate in producing the award-winning Capital Connection. Members gather to brainstorm new ideas for editorial themes for upcoming editions. The newsletter reports Chapter business activities such as Section and Committee news and provides information about upcoming educational and other events. It also includes articles of interest to members and other legal management personnel, collected, authored and/or edited by members of the committee. This committee also works with other legal associations and the media to ensure that ALA and the Capital Chapter are represented in the legal industry. The Newsletter Committee welcomes new members.

Contact: Jacqueline Moline, jam@carmaloney.com; Paula Serratore,pserratore@alacapchap.org

Diversity & Inclusion
The Capital Chapter of the Association of Legal Administrators is a professional organization comprised of administrative managers from private, corporate and government legal organizations in the Washington DC, Northern Virginia and suburban Maryland areas.  ALACC embraces and encourages diversity within the legal profession. We value diversity and those initiatives that promote it and look to partner with affiliated professional legal organizations to advance diversity. We not only strive to raise awareness, but to increase our sensitivity in the area of diversity and more closely reflect the diversity of our community at large. Having a more inclusive and diverse legal community will improve the quality of our organizations workforce and respond to our client’s requirements for diversity. As a committee we are very interested in your thoughts, comments, and suggestions about achieving greater diversity in our Chapter, our profession, and in our firms. 

Contact: Monique Terrell (Chair), mterrell@stradley.com; Vanessa Partin (Co-Chair), vanessa.partin@kirkland.com
Salary Survey
The Salary Survey Committee is responsible for maintaining, updating and running the local survey each year. They review the positions listed, the job descriptions, and the benefits questions to ensure that the survey remains relevant to the end users. The members of the committee also promote the survey within the Chapter to stimulate participation. In addition, the committee is tasked with selling the license to the survey software to other chapters within ALA for use in their locales. They also provide technical support and logistical guidance to those chapters who purchase and utilize our survey software.

Contact: Jeff Delcher (Chair), jdelcher@wbklaw.com; Sheri Shifflett (Co-Chair),cshifflett@saul.com
Listserv: finance@lists.firmseek.com


Member Experience
The Member Experience Committee will establish a welcoming environment for new members to be integrated into the Chapter through a formal Ambassador Program. Ambassadors will provide support and guidance to new members through their first 12 months of membership, ensuring new members realize benefits of membership and become ambassadors of the Chapter. 

Contact: Heather Boos (Chair), Hboos@mmmlaw.com; Kenia Garner (Co-Chair), kenia.garner@pillsburylaw.com


Educational Sections

Branch Office Administrators
The Branch Office Adminsitrators Section focuses on a broad range of topics of interest to local adminisraotrs who must coordinate with other officees of their firms. The Section's monthly luncheon meetings, held on the second Tuesday of the month, provide a venue for members to discuss issues of common interest, share ideas, and network. Members are encouraged to raise topics and to recommend speakers.

Contact: Richard Gibson (Chair),rgibson@nixonpeabody.com; Wendy Iversen (Co-Chair), iversen@ballardspahr.com
Listserv: branchofcadmin@lists.firmseek.com


Office Operations Management
The members of the Office Operations Management Section represent a cross section of legal expertise from functional administrators to branch office managers. The Office Operations Management Section (OOMS) meets on the fourth Wednesday of every month to discuss operations related hot topics. We welcome all members to join the section, especially if you are an administrator in a small law office and you have to wear multiple hats. We can provide you with many best practices to run your operation smoothly.

Contact:  Jeffery Cole (Chair),jeffery.l.cole@squirepb.com; Jamaine Yarborough (Co-Chair), jyarborough@mckoolsmith.com
Listserv: ooms@lists.firmseek.com
Intellectual Property (IP)
The Intellectual Property (IP) Section focuses on all aspects of legal management as it pertains to the IP Administrator. The group discusses the complexity of the ever-changing IP environment and how to effectively create and apply IP specific, non-legal procedures in both boutique and general practice firms. The Section's monthly meetings, held the third Tuesday, are primarily lunch meetings and every third month is a dinner meeting. 

Contact: Kristine Miller (Chair), kmiller@nixonpeabody.com; Sharon Smith (Co-Chair), smith.sharon@arentfox.com
Listserv: ipadmin@lists.firmseek.com

Small Firm Management
The purpose of the Small Firm Management Section is to provide Administrators of law firms with 35 or fewer attorneys educational opportunities through vendor presentations, idea sharing and open forums specifically designed for those who work in smaller firms. The Small Firm Management Section meets the 4th Tuesday of the month at host law firms.

Contact: Emily Christianson (Chair),echristianson@relmanlaw.com; Julie Tomey (Co-Chair),tomey@thewbkfirm.com
Listserv: smallfirmadmin@lists.firmseek.com
Human Resources
The Human Resources Section operates as a venue for educational information on global human resources topics and issues. While the Section comprises mostly HR professionals, any member is invited to participate. The Section meets the second Wednesday of every month and often has either industry speakers or roundtable discussions on topics such as recruiting, benefits, strategic planning, performance management, career pathing, retention and more!

Contact: Connie Summers (Chair),connie.summers@threecrownsllp.com; Carmen C. Weissbratten (Co-Chair), cweissbratten@hpm.com
Listserv: hr@lists.firmseek.com

Technology
The Technology Section is looking for members to join the group for lively discussions about practical situations we all face daily in the information technology world. With ever-changing IT needs and issues, we will look at our firms' policies and procedures and help develop best practices and speak of the many concerns we all have. Even if you are not in the IT field,  your experiences and opinions will help us in bringing all departments of a law firm together and working on the same page.

Contact: Frank Schipani (Chair),schipanif@gotofirm.com; Kenny Mitchell (Co-Chair), kmitchell@wbklaw.com 
Listserv: alacaptech@lists.firmseek.com