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2006 - January Issue #18

The John G. Kelly Editorial Comment:

I have a confession to make. An editorial rule of thumb I follow is to have the newsletter reflect what the readers need to know rather than what I want to tell them. I have made an exception in this issue with the Ideas article. I have a pet peeve against people who lack the courtesy to limit their cell phone usage to situations where they are not invading other peoples’ personal space. Author Karl Aubrecht speaks for me in his book Social Intelligence. It is an excellent reminder of how we need to incorporate sensitivity to – and awareness of – the situation we are in with our emotional intelligence capability if we want to maximize the potential of social intelligence.

This issue’s Litigation Management Strategy article on Getting Positive on Performance Management is intended to help litigation managers understand the distinction between performance measurement and performance management. They are related but different functions in the knowledge management spectrum. Performance management is just emerging as the next generation and next step beyond bill review. The frustration many litigation managers are encountering in their efforts to incorporate performance management into their bill review is all about not having the right mindset on its potential and the tools necessary for its effective application. This is one of those read it and think where your heads at, and more importantly should be at, articles.

The John G. Kelly Report provides litigation managers with an update on the workings of the UTBMS Insurance Sub-Committee. If you were not at the Orlando Symposium you missed out on what has the potential to become a series of exciting developments. Heads up for litigation managers involved in Workers’ Compensation. It looks as though long sought after UTBMS Workers’ Compensation Code is finally in the pipeline.

Enjoy

John

Litigation Management Strategy
 

Getting Positive about Performance Management

Performance management is not a zero sum game! It is not about identifying winners and losers and a “culling of the herd” among outside law firms. The performance management mission is to establish a mutually beneficial relationship between the service provider and client, insurance defense firms and insurers. The zero sum mindset is one of the main reasons insurers are reticent about moving beyond the relatively straightforward exercise of performance measurement, which is a ranking mechanism, and embracing performance management. This feature article will address the mindset issue and provide litigation managers with guidance on gravitating to performance management.... click here to learn more

John G. Kelly Report
 

UTBMS Orlando Symposium

It was a success! What happens when representatives from 9 insurers and 11 insurance defense law firms decide to convene and work together toward a common objective? Things get done! That is the overwhelming consensus on what took place in Orlando. Before I provide you with details on the outcome, let me inform you that the next scheduled meeting for the UTBMS Insurance Sub-Committee is in Tampa on April 28 th. If what you read is of special interest to you please contact me by e-mail at johngkelly@rogers.com and I will make certain you get plugged in... click here to learn more

Ideas
 

Social Intelligence - The New Science of Success

Karl Albrecht
Jossy Bass - A Wiley Imprint 

They are smart but stupid! How often have we heard that remark attributed to the brightest of the brightest of lawyers who are brilliant on the legal front but lacking any intelligence when it comes to picking up the critical signs that are the key to a negotiated resolution of a litigation claim? Or how about those irritating people who pull out their cell phones and engage in disruptive conversation while squeezed in with a crowd of people on an elevator or a full load of passengers on a plane stuck on the tarmac. Perhaps you fall into this latter category and do not even realize the extent to which you are annoying your neighbors. These are two examples of what Karl Albrecht labels as a lack of social intelligence. In fact, the author describes the obtrusive use of cell phones as “ a form of “social halitosis,” the conversational equivalent of bad breath.”... click here to learn more