It Takes Two: Why Giving Second Chances At Law Firms & In Law Leads To Successes

They say persistence pays off. But, for lawyers, sometimes it doesn’t feel that way. Before you get discouraged, take a look at some examples of stalwart successes.

Before lawyers even see a courtroom, law students must learn to be tenacious. The infamous bar exam is the best example of rewarding second (and third of fourth) chances (via ATL).

Hillary Clinton, John F. Kennedy, Jr., and Emily Pataki (daughter of New York Governor Pataki) each failed the bar exam at least once before they eventually passed. Now that they’ve landed prestigious jobs, they (surely) never look back.

For Jerry Brown, Attorney General of California and former governor of California, it takes two. He did not pass the California bar exam on his first try.

Neither did the former dean of Stanford Law School, Kathleen Sullivan. After failing the California bar exam once, she still picked up the post as dean and became a name partner at one of the nation’s top litigation firms.

One, Paulina Bandy, failed the California bar exam thirteen times before she finally passed it on try #14.

The list goes on (seriously, it’s here).

As a lawyer—or simply as a human being—how many times have you tried and failed at an argument or an action?

Cross-examinations or hostile witnesses, for example, prove difficult. We can’t all simulate Tom Cruise’s questioning from the film, A Few Good Men.

In “Never Give Up On Cross-Examination,” post for Above The Law, John Balestriere explains how important it is to keep going, fight harder, and follow through.

He explains that experienced trial counsel at the Manhattan District Attorney’s Office taught him the Never Give Up rule, as demonstrated by this real exchange during a negligence claim:

Q: When you were driving down the street the light was red, right?

A: There was so much going on, I just, I don’t really . . .

Q: Sir, you were driving down the street, right?

A: I mean, well, we were in the car, and, I mean, I’m not sure what anyone else saw.

Q: Sir, you were in the car, right?

A: I don’t, um, yes.

Q: So you were in the car, right?

A: Yes.

Q: You were driving the car, right?

A: I was in the car, that’s correct.

Q: You were in the car and you were driving the car, right?

A: Um, yes, I was in the driver’s seat, yes.

Q: You were driving the car with your hands on the wheel, right?

A: I’m not sure where my hands were, but . . .

Q: You were in the car in the driver’s seat, right?

A: Yes, uh, yes.

Q: And you were driving the car when sitting in the driver’s seat in the car, right?

A: Yes.

Q: And the light was red as you were driving, right?

A: I, well, I’m not sure what anyone else saw.

Q: I’m talking about you, sir—when you were driving the car down the street you saw that the light was red, right?

A: I did see, yes, I could see.

Q: And you saw while you were driving the car that the light was red, right?

A: Uh, yes. 

Read more here.

Balestriere describes this need to be steadfast in other cases, as well. He says of one difficult depositions and trials:

“I didn’t lose my cool. I declined his multiple invitations to argue with him about what he did mean, or what the context was. I knew what information we needed to win.” 

With that information—and persistence—he did win.

In sum, it turns out that doing the same thing over and over again and expecting different results is not, in fact, the definition of insanity after all. It’s the nature of being a lawyer. And it should—and often is—rewarded.



Learn more about the keys to success in The Center For Competitive Management’s Training Resources and Audio Conferences here.

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New Study: Exercise Lowers Cancer Risk & How Your Law Firm Can Encourage Fitness!

According to a new study—which confirms pretty much every other study—exercise is the best thing for your body, even reducing your chance of developing cancer. In fact, you may reduce your chances of developing cancer by seven percent overall, and much more when taking into account specific types of cancer.

The study, which involved over 1.4 million people, conducted by the National Cancer Institute, was recently published in the JAMA Internal Medicine (via Voice of America).

In it, researchers found that the risk of developing specific types of cancers plummeted: esophageal cancer by 42 percent, liver cancer by 27 percent, lung cancer by 26 percent, specific type of leukemia by 20 percent, and breast cancer by 10 percent.

Exercise “can help people reduce their risk of heart disease. It can reduce the risk of diabetes. It extends life expectancy,” added Steven Moore of the National Cancer Institute, who led the aforementioned study, in an interview with NBC News.

Among the possible workout routines were walking, running, and swimming. Researchers also took into account the amount of each exercise in minutes per week and controlled for other risks of cancer like smoking and obesity.

Moore explained that potential mechanisms resulting in these outcomes were potentially lower hormone levels, like estrogen, which has been known to lower the risk of breast and endometrial cancers. Also, exercise helps maintain insulin, explained Moore, which may lower overall inflammation in the body.

Of course, diet helps drive these results, but researchers are overwhelmingly convinced that exercise is the key to low stress and higher levels of health.

Most people are aware of the importance of exercise, but lack the motivation to begin working out.

Any workplace (especially in stressful ones like at a law firm) should take two steps toward improving employee productivity and job satisfaction.

The first step is preventative. Encourage your employees to exercise by incentivizing them with interoffice “most steps” competitions. Give out Fitbit devices for your year-end or other milestone bonuses and conduct a contest. The most steps in the week or month, for example, wins something—like being taken out to lunch, Starbucks gift card, or a small prize. The idea is simple, yet the results can be life-changing for an individual.

For the firm, exercise leads to lower stress and lower illness, which will lead an employee to work in an efficient and timely manner.

If a contest won’t work for your firm, strike up a deal with a neighboring gym to provide employees with free or heavily discounted memberships.

This will help a firm prevent the next step: post-illness planning and policies.

What happens when an employee is diagnosed with cancer?

With 1.7 million new cancer cases expected in 2016, your firm will most definitely be impacted by this disease.

Thankfully, with advances in the treatment in cancer, a diagnosis does not have to be as grim a prognosis as it once was.

In fact, many employees with cancer are willing and able to work during the treatment and recovery process—but cancer in the workplace raises a myriad of complexities for employers, including:

  • ADA and reasonable accommodation issues
  • FMLA leave—particularly intermittent leave
  • GINA compliance, particularly with family medical history concerning cancer
  • Managing questions, rumors, and gossip in an effective yet legally compliant way
  • Confidentiality concerning the employee’s diagnosis—and prognosis
  • Medical certifications
  • EAP referrals
  • Allegations of bias on the basis of actual or perceived disability
  • Balancing compassion with productivity concerns

So, it’s important for your firm to learn more about best policies and practices when faced with this challenge, including:

  • The employer’s role in providing accurate information about employees’ rights and obligations to take advantage of the benefits your organization may offer, such as short- and long-term disability
  • What the employee expects, and your legal obligations to meet their requests
  • Tips on how to handle employees’ emotional reactions and attitudes in dealing with cancer diagnoses, from both a human compassion level and the impact on performance
  • Practical ways in which the ADA and the FMLA may intersect concerning cancer diagnoses
  • Types of ADA accommodations that may be required for employees dealing with the impact of cancer or the side-effects of treatment that may take many months 

Take C4CM’s webinar today, “Managing Cancer in the Workplace: Legal and Practical Solutions for Accommodating Employees with Cancer,” on Thursday, June 2, 2016, from 2:00 PM To 3:15 PM Eastern time.

After the webinar you will have the proper training, but with proper encouragement and dose of daily exercise, hopefully you and your firm won’t have to use it.


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Big Law or Small Law? Successful Management Strategies For Both!

Eric Turkewitz, New York personal injury lawyer who writes a blog, may not be BigLaw, but he makes a big point: The size of the firm matters less than the attention lawyers give to clients. In his post, “Big Law v. Small Law (Which is Better?)” Turkewitz debates the pros and cons for clients looking for legal representation.

Being a solo practitioner, himself, Turkewitz has 25+ years of experience litigating David v. Goliath size cases. As a result, he recognizes that his value-add is the ability to recall key details about the client, as opposed to treating all matters like just-another-case.

He explains, “What is often missing on the Big Law side is continuity. If the same person handles the file from soup to nuts, then many small details are appreciated. The client is not a file with an injured shoulder, but someone who had a passion for cooking who can’t lift heavy pots and fulfill her dram of opening a catering business.”

“Innumerable details from client meetings and depositions can more easily be retrieved when necessary at trial, because they were learned over the course of a few years, not over the course of a weekend.” 

Sometimes cases are thrown at lawyers in a big law firm like they’re purely paper, not personal.

That being said, larger law firms have the resources necessary to put not just one, but multiple talented attorneys on a matter.

Turkewitz admits, “if the firm is small there will be inevitably be scheduling conflicts for which other lawyers are needed. The lawyer you hired may not be able to handle a certain conference or deposition because s/he is engaged elsewhere.”

So who wins the debate? Admittedly, Turkewitz is biased toward small law firms that can provide personal service. This means, no cold or computerized voicemail; rather, human interaction and sympathy with your legal service.

However, from a management perspective, this debate can be win-win. Now that you know the sides of the coin, a BigLaw lawyer can work toward personalizing firm interaction with clients. For example, teach your younger attorneys how to deal with clients—what is expected in demeanor, tone of voice, command of the room—and expand their responsibilities (and, ideally, rewards).

Perhaps it’s time to give your secretaries greater responsibility when communicating with clients. Have your support staff write down personal client notes so that when they call and leave a message (when they’re disappointed that their lawyer is too busy to talk), your secretary or paralegal knows to ask about a sick family member, the kids’ first day back to school, or other information that convinces clients they are more than a wait-list number.

New models for maximizing the efficiency of legal support staff are being developed every day, take The Center for Competitive Management’s audio course on Thursday, May 12, 2016 from 2:00 PM to 3:15 PM Eastern time to learn more (here).

On the flip side, for small law firms or solo practice, it’s possible to be both personalized and also productive. Consider incorporating more technology into your day-to-day activities. Keeping up with the times may allow you to better keep up with your workload.

Some ideas for boosting productivity through tech can be found here.

Furthermore, to keep your cases organized and avoid double-booking court appearances, create a strategy for scheduling and time management. A complete guide for taking control of productivity challenges can be found here.

Big or small, law firms can succeed with management strategies tailored to its needs.



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New Mobile App Helps Lawyers Organize Client & Vendor Information Via Email

According to the American Bar Association (ABA), 89 percent of lawyers use mobile to check email, which far exceeds that of the average population.

This statistic, and more, comes from the ABA and the Legal Technology Resource Center, which surveys practicing attorneys about their technology choices.

Some of the key insights included (via LexisNexis):

  • 34% of lawyers use tablets in the courtroom
  • 26.9% of law firms have legal blogs and 10% of individual lawyers have blogs
  • 78% believe training a firm on technology is important
  • 50% one year increase in cloud services users
  • 17% of lawyers using litigation support software
  • 39.1% of blogs resulted in clients or referrals
  • 22.6% of law firm have no social media presence
  • 81% of attorneys say they use social media; but not necessarily for professional use
  • 58% use Dropbox (here are the terms of service)
  • 94% say vendor name and reputation is important to decisions

So, it’s easy to agree that training on technology is important, but sometimes attorneys are slow in implementation and practice. For example, all that e-mail lawyers are checking on their phones, surely there’s a better way to keep track of client and vendor correspondence?

And there is.

Check out CloudMagic, an email application that has grown to 4 million users, which helps people who receive a lot of email (especially cold calls from potential clients or vendors people don’t know personally) with its feature, Sender Profile. This mobile app is similar LinkedIn’s service, Rapportive, or the more recent desktop app, Connect from Clearbit.

Sender Profile on CloudMagic lets you quickly view a summary of information about the person who emailed you, such as their job title, workplace, location, homepage, and social profiles on Facebook, Twitter and LinkedIn.

Unlike its competition, instead of trying to present all the sender’s details in the same screen as the original message, when you receive an email from someone not in your contacts list, CloudMagic places a small summary below the email message. In addition, once you click the “Know More” link, a pop-up card appears with even more information.

If the sender’s workplace is important, CloudMagic has you covered. After you’ve looked at the sender’s information on the pop-up card, you can then click on another button linking you to the sender’s company’s information, as well.

That corporate side of the card will display a company description, employee headcount, website link, and links to the company on Facebook, Twitter, LinkedIn, and AngelList, if applicable.

Now that’s uncontestably important technology—no training required.

Learn more about this mobile app and more on TechCrunch or here, on this blog.



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Writing at Work: Why You Should Be Communicating More Effectively in Business & Law

“The minute you read something that you can’t understand, you can almost be sure it was drawn up by a lawyer.”

This quote, by Will Rogers, captures perhap the one thing most people imagine about lawyers–they’re incomprehensible! Legal jargon. It’s a pain, but it comes up in e-mails, reports, and everyday writing.

At times, legal jargon must be sensitive and all-inclusive to protect your corporate clients, which means it’s incomprehensible by laymen. To avoid lawsuits, disclaimers have become rife with legalese and incomprehensible verbiage.

As a result, lesson one in law school is that not all words are created equal. In fact, the Glossary of Terms within a legal document is frequently the longest portion of the entire brief.

This is why law firm professionals must possess a knack for precision in wording before they can be trusted with writing any legally-binding work. Attorneys are quick to practice proper citation and quotation methods when publishing law review articles.

Lynne Truss, author of Eats, Shoots & Leaves, has a zero tolerance policy when it comes to grammar. She’s a stickler for punctuation—although not for exaggeration—believing that people who mix up their itses “deserve to be struck by lightning, hacked up on the spot and buried in an unmarked grave.”

Kyle Wiens will not hire people who use poor grammar for a position within his companies, iFixit or Dozuki. Moreover, Wiens ensures his computer programmers know the difference between “to” and “too” during a mandatory grammar test that is given to each employee prior to starting work.

“If it takes someone more than 20 years to notice how to properly use “it’s,” then that’s not a learning curve I’m comfortable with,” explains Wiens in the Harvard Business Review Blog.

“So, even in this hyper-competitive market, I will pass on a great programmer who cannot write.”

Some might consider this zero tolerance policy to be harsh. But, Wiens thinks good grammar makes for good business. He claims writing code is not unlike writing prose. And, the best employees at his computer companies have a proven track record for attention to detail.

“I’ve found that people who make fewer mistakes on a grammar test also make fewer mistakes when they are doing something completely unrelated to writing—like stocking shelves or labeling parts.”

Law firms, too, benefit from a zero tolerance policy when it comes to grammar. It turns out, bad legal writing can have a detrimental impact on a case.

For example, a bankruptcy lawyer in Minnesota was publicly reprimanded for unprofessional conduct and ordered to pay court costs after he repeatedly filed documents that the court deemed “unintelligible,” due to a copious amount of spelling and typographical errors, reports Paralegal Today.

“In Duncan v. AT & T Communications, Inc., 668 F. Supp. 232 (1987), the defendant’s motion to dismiss was granted for several reasons, including poor organization. The court’s opinion stated: ‘A complaint may be so poorly composed as to be functionally illegible. This is not to say that a complaint needs to resemble a winning entry in an essay contest,’ Paralegal Today also cites.

There are a myriad of similar examples in law, where judges are swayed by the sloppy phraseology of a motion. Certainly, condemning legalese is not a new argument.

However, law firms who actively try to change this practice are new.

Why don’t legal recruiters throw out all CVs where itses are confused? Why doesn’t legal training include grammar tests?

Young attorneys rarely face formal repercussions at their firms for misspellings in their draft motions. But, consider this: As Wiens points out, we live in a competitive market. Where your firm fails, another one is poised to take over.

The courts have long proved grammar is important. So, the question is (like proper verb tense) does your firm agree?


If you’re not leaving the best possible impression in your business writing, take C4CM’s audio course, “Writing at Work: Essential Skills to Communicate Effectively in Business,” on Friday, May 6, 2016  at 11:00 AM to 12:15 PM Eastern.

Whether you’re crafting a short and sweet email, writing reports, memos, or performance appraisals, this power-packed webinar will guide you through the key steps and basic principles that will make your communications stand out from the pile and get the job done.


Designed specifically for managers, this critical program will review essential writing techniques to make the most of all your business communications, and help you become a more confident, capable communicator, including how to:

  • Know the what and how of it – quickly work out exactly what you need to say and how to say it most effectively
  • Polish it till it shines – use simple techniques for editing and fine-tuning your copy for clarity and maximum impact
  • Connect with copy – leverage emails, letters and social media to forge valuable business relationships and to build your personal brand
  • Craft impressive business documents – write the kinds of bids, proposals, reports and promo materials on which successful careers are built

You will also learn:

  • The five most common writing mistakes made by managers, and how to avoid them
  • When and what to capitalize
  • Words and phrases you should never use in business writing
  • How to write business documents that elicit a specific response from the reader
  • How to state your objective clearly and concisely, and lose the jargon
  • Simple steps to go from procrastination to completion of any size writing project
  • Top three characteristics of effective business communication
  • Best practices for understanding your writing strengths and weaknesses
  • Methods to maintain consistency in writing style across your organization 

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How Lawyers Can Use Excel: The PowerPivot Add-On & More!

Excel is a tool for Wall Street, right?


Excel is a multi-dimensional tool that is useful in a variety of industries, from accounting to finance to law. Yes, that’s right, there are a plethora of reasons lawyers should use Excel in their practice.

Below are a few suggestions of everyday legal activity that could be made easier and accomplished more efficiently with Excel.

Case Analysis

One of the more important tools in Excel is the PivotTable. Now, there’s a brand new feature—the PowerPivot—that brings PivotTables to a whole new level. First, let’s discuss the features of the regular PivotTable.

PivotTables help organize and analyze data. For example, let’s say you want to organize hot docs by key words in discovery. Or maybe you want to identify key concepts or key witnesses and sort them by priority or some other measure. Perhaps you have a long chain of correspondence for the case and you want to code it by sender, receiver, message subject, etc. PivotTables allow you to take each of these categories and sum, filter, or count their contents. You can take any complex dataset and reorganize it with your own ddesignated columns or rows.

How does this compare to PowerPivot? PowerPivot adds the following capabilities (read more at the Journal of Accountancy here):

  • Multiple data sources (pull data from two or more sources into a single report)
  • Many types of sources (pull data from just about anywhere into a PivotTable)
  • Sets (advanced filtering)
  • Large data sources (analyze data that exceeds Excel’s row limit)
  • Expressions (advanced functions and time intelligence)

Basically PowerPivot is the new and vastly improved PivotTable. The extra filtering capabilities are exceptionally useful.

Does all this information sound like a foreign language? Take The Center For Competitive Management’s webinar, “Using PowerPivot to Pump-Up the Power of Microsoft Excel,” on Wednesday, March 30, 2016 from 2:00 PM to 3:15 PM Eastern time. 

Case Status Updates

Law firms circulate internally, and to the client, a case status update.

Excel makes this easy by providing a manipulatable database sorted or filtered by client name, county, type of case, date filed, place filed, date settled, opposing attorney, case settlement amount, and attorney fees to date.

At the end of the year, the compilation of all case status spreadsheets will give managing partners the perfect overview of upcoming casework and trials, in addition to closed and settled matters (not to mention, incoming income!).

Casework assignments 

In a similar vein, Excel can expedite the process of assigning cases to attorneys. Excel can be used as a method to effectively organize case assignments and avoid duplication of work effort.

That way, when a senior attorney wants to know who is creating the timeline (in Excel, of course) for his case matter, the information, including the name of the assigned associate and the status of his or her work, is quickly and clearly accessible.



For internal reference and trial presentations, timelines are an essential weapon in a litigants quiver. Lawyers involved in complex litigation must have a clear understanding of the chronology of the case.

However, these timelines are also vital to a firm when the case goes to trial—jury members must understand case chronology, as well.

This means a timeline must be both functional and visually stimulating. Enter, Excel.

Excel has the ability to sort timelines by event and date in a meaningful and demonstrative way. Microsoft in Education even provides a tutorial to explain exactly how to achieve this in its article, “Create A Timeline In Microsoft Excel.”


Today, an increasing number of lawyers are using Mac computers and Apple software at the office. Just read the titles of new legal blogs on the web, including Mac Lawyer, Law Office Software For The Macintosh, and Criminal Defense With An Apple.

Even those lawyers, however, are keen on Microsoft products. Take, for example, Esquire Mac’s discussion of billable hour software versus Excel:

“Over the years, I’ve developed a fairly simple but flexible spreadsheet for tracking my billable time. For our firm, this represents the ideal solution at present. I have taken a liking to a few different Mac billing apps out there (like Billings, Involer, Invoice, GrandTotal, and iRatchet) but each of them falls short in one way or another for our purposes.”

No need to purchase expensive billing software when Microsoft Office is already uploaded to your office computers.

In addition, though some firms may have staff or consultants dedicated to case management analysis, for smaller firms, organizing timesheets in Excel can help trend your most significant cases over time.

For example, a legal administrator can organize attorney time by case matter, month, billable hours, or the billing attorney to discover which cases are the most active and which may need more attention, which attorney billed the most this month and which the least.

Access to this type of information will make a firm more attentive to any clients who might be falling through the cracks, and also increase its overall profitability, after it knows where to devote more billable hours.

In the end, Excel has applications in many industries. If Excel is not frequently used in law, it’s because lawyers tend to fear it.

But, help forums and tutorials for Excel are copious online. These days, attorneys have no valid claims to MS-Office ignorance.

So, start small and get familiar with Excel’s massive potential for your firm. After all, the best part about Excel is that you already own it.


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Trump For President? Why Cognitive Biases Make For Really Bad Decision-making

He’s done it again, won a few more U.S. States and completely flummoxed his own party—as well as the American public. And, right now, the Republican Party is questioning whether a Trump endorsement is a good or bad decision.

Conservative intellectuals are the most confused. Pundits, after listening to a typical Trump stream-of-consciousness speech, columnist Charles Krauthammer kidded, “I don’t think I’ve heard such a stream of disconnected ideas since I quit psychiatry 30 years ago,” reports RealClearPolitics.

“It’s March madness,” added John Kasich (via RCP).

“How does the Republican Party solve a problem like Donald Trump?” asks Boris Heersink in the Washington Post.

“Donald Trump’s surprising and ongoing role as the de facto frontrunner for the Republican presidential nomination has raised considerable concern among Republican leaders,” concededs Heersink.

“At this point, they may not yet be worried that Trump will actually become their nominee. After all, the history of presidential nominations is full of one-time frontrunners who failed to make it all the way. But the effect Trump has while he remains in the race is problematic for the Republican Party in two ways. In the short term, Trump’s antics drag attention away from other Republican candidates. In the long term, Trump may damage the Republican Party brand regardless of who ends up becoming the nominee.”

And while Trump can afford to flip-flop back and forth on his opinions—after all, his entire campaign is based on shock and awe—there’s not always time for organizations to learn from beta testing or trial and error.

Organizations, like the Republican Party, should realize that a variety of “cognitive biases” often cause us to make speedy and illogical decisions. Daniel Kahneman, a Nobel Prize-winning professor at Princeton University’s Woodrow Wilson School, is an authority on behavioral finance, and he sagely reminds us that novelty, fear, and other emotions can drive us to make decisions that are not—in the end—in our best interest.

U.S. News explains Kahneman’s biases, including:

  • A preference for not thinking about the future, causing us to make short-term decisions that are often not in our best interest
  • A tendency, known as “confirmation bias,” to screen for information consistent with our preconceived thinking
  • Overweighting the impact of potential losses, known as “loss aversion,” which causes us to hold on to stocks that have earned unrealized losses, rather than selling them and recognizing the loss

If any of these biases seem to ring true for you, you may need to reconsider some of your decisions (as a voter or a manager).

As a law firm manager, every day you’re faced with difficult problems to solve, challenges to overcome, and tough decisions to make. It’s not easy. In fact, it’s what can make or break a leader. It’s what can make or break you as a future partner.

And , whether or not you realize it, problem solving is a skill—one that you can hone and practice.

In fact, countless studies have shown that daily exercises for your mind, as well as the mere act of studying, improve your cognitive abilities.

Need help? Take C4CM’s webinar, a “Smart Manager’s Guide to Strategic Problem Solving and Decision Making” on Friday, April 1, 2016, from 11:00 AM to 12:15 PM Eastern time.

The webinar focuses on developing core skills to be a more effective problem solver. You’ll discover new ways to reach better decisions … methods to develop effective solutions … and key strategies to overcome the pitfalls of problem solving.

In this power-packed session you will gain the tools to develop more ideas, make fewer mistakes and reach better decisions. Plus, you will learn:

  • Why decision making is so tough – and key strategies to make it easier
  • How good decision making skills solve problems
  • Benefits of strategic problem solving
  • Typical barriers to decision making and how to overcome them
  • Habits of strategic thinkers
  • Tips for evaluating your thinking and problem solving style
  • Five step process for strategically thinking about business decisions
  • Realizing a decision must be made
  • Clearly defining the problem
  • Deciding on desired outcome
  • Defining stakeholders
  • Communicating the issue and solution

Because the reality is, the upcoming general election may include Republican-nominee Donald Trump—and all of his cognitive biases about America and the way the world works. So, when it comes to the vote for President, what decision will you make?


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