Emotional Intelligence, the Law, and Professionalism: A...

Emotional Intelligence, the Law, and Professionalism: A

Practical Introduction

February 11, 2015

PLI Briefing

Dan DeFoe JD MS - Adlitem Solutions

Rob Durr, PhD – Northwestern University

Your Faculty

Dan DeFoe, J.D., M.S.

Adlitem Solutions

Kansas City, Missouri Area

www.adlitemsolutions.com

Blog – Psycholawlogy

www.psycholawlogy.com

dan@adlitemsolutions.com

Phone (816) 803-4252

Rob Durr, Ph.D.

Psychologist, Instructor

School of Law

Northwestern University

http://www.northwestern.ed

u/counseling/about-us/meet-

the-staff.html

rdurr@northwestern.edu

Phone: (312)503-0938

Emotional Intelligence Cornerstone

“Anyone can become angry – that is easy.

But to be angry with the right person, to the right degree, at the right time, for the right purpose,

and in the right way – that is not easy.”

ARISTOTLE – The Nichomachean Ethics

Introduction to . . . .

• Emotions – Basics

• Emotion & Organizations

• Emotional Intelligence Models

• EQ-i 2.0 EI Assessment

• IQ vs EQ & Applications

• Top Five EI Attorney Success Factors

• Professionalism

Emotions “. . . the integration of rational and emotional styles is the key to successful leadership.”

The Emotionally Intelligent Manager

Emotions – Many & Many Aspects

Foundational Concepts - Emotions

• Important – Not “soft”, but for function, adaptation, and survival in our world

• Abilities (perceive, understand, use, and manage emotions) vary widely

• Variance impacts adaptation & effectiveness in many contexts, e.g. work & workplace

Emotion Groups

•Pleasant – caring, joy, love

•Neutral – anticipation, interest, surprise

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

Some Truths About Emotions…

• Provide information about mind-body system in a given situation

• Can’t ignore - affect every human endeavor

• Feedback ….what is happening

• You generate by your own mind-body system

• Your wiring … your emotion….

• Can try to hide, but emotions show……

Emotions Motivate Us . . .

• Fear

• Anger

• Sadness

• Disgust

• Interest

• Surprise

• Acceptance

• Joy

• Act, avoid consequences

• Fight against wrong and injustice

• Ask others for help & support

• Shows you can’t accept something

• Excite others to explore & learn

• Turn people’s attention to something unexpected, important

• “You’re one of us. . . “

• “High 5s”…repeat behavior 11

Emotions Show . . .

•In face . . . .

•In gestures . . . .

•In voice . . . .

•In everything . . . .

Emotions & Organizations “. . . organizational behavior is enhanced through the careful management of emotions, knowledge, and learning.”

Emotions in Organizational Behavior

Effects of Affect On . . . . • Performance

• Decision making

• Turnover

• Prosocial behavior

• Negotiation

• Conflict resolution

• Group Dynamics

• Leadership

• Virtually every aspect of organizational life at individual, group, and organizational levels . . .

Essential in understanding how work gets done, and how to do it better.

Emotional Contagion. . .

Emotional Labor . . .

Emotional Intelligence . . . ?s

•Do I have EI?

•Do I need EI?

•How can I get EI?

•What’s EI look like?

•Fake it? Finesse it? Gloss it?

What is Emotional Intelligence? Emotional & Social skills that

collectively establish how well we:

•Perceive and express ourselves

•Develop and maintain social relationships

•Cope with challenges

•Use emotional information in an effective and meaningful way

EI - 3 Major Models & Measures

according to Encyclopedia of Applied Psychology:

• Mayer-Salovey - ability to perceive,

understand, manage and use emotions to facilitate thinking

(MSCEIT) • Goleman - emotional and social

competencies that contribute to managerial performance

(ECI) • Bar-On - interrelated emotional and social

competencies, skills and facilitators that impact intelligent behavior, became the

EQ-i 2.0.

Today: Eqi 2.0 Model & Assessment T

The EQ-i2.0 Model

What is the EQ-i2.0 about?

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

• A predictable way to measure current level of emotional and social functioning: receive feedback on your results from a Certified Administrator

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

EQ-i2.0 Total EQ • Success in coping with

environmental demands

•A snapshot of overall well-being

•Made up of 5 general areas – “realms”, composite scales

• 5 composite scales break into 15 subsections or subscales

What Does The EQ-i2.0 Measure? 5 Aspects

Emotional and Social Functioning

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

• Self-Expression – expressing your emotions

• Interpersonal – develop and maintain relationships

• Decision Making – use emotions to make better decisions

• Stress Management – cope with challenges

Inner self…..

Self-Perception Ability to know and manage yourself.

The “inner self”. How in touch with your feelings you are, how good you feel about yourself, and about what you are doing in life. Aware of feelings, feel strong, and confidence in pursuing goals.

Embraces the following subscales:

• Self-Regard – confidence & feel good about me

• Self-Actualization – continuous development & pursuit of meaning

• Emotional Self-Awareness – understanding my emotions & impact on me and others

Self-Perception Realm Self-Regard Subscale

•Accept and respecting oneself

•Appreciate perceived positives

•Accept weaknesses

• Like yourself “warts and all”

• Inner strength

• Self-assuredness

• Self-confidence

• Self-adequacy

Self-Perception Realm Self-Actualization Subscale

• “. . . Pursuit of meaning. . .

• Willingness to persistently try to improve self

• Engage in personally relevant & meaningful objectives

• …lead to rich, enjoyable life

• Image:

http://en.wikipedia.org/wiki/File:Jerry_Seinfeld_by_David_Shankbone.jpg

Self-Perception Realm Emotional Self-Awareness

• Aware and understand your feelings & their impact

• Knowing “ouch points” …take emotional temperature

• Leads to successful emotion management

Face the world…….

Self - Expression Deals with the way you face the

world.

Includes the following subscales:

• Emotional Expression – openly saying how you feel and also expressing it non-verbally

• Assertiveness – standing up for yourself effectively & constructively

• Independence – self-directed and self-controlled & standing on your own two feet

Self-Expression Realm Emotional Expression

Bettye Shirley, mother of one of 27 boys killed by murder ring - sobbing, sadness . . . . agony

Maxine Kenny, “You don’t deserve to live.” To murderer who raped, tortured, and brutally killed her daughter.

Self-Expression Realm Assertiveness

Aggression

Insensitive

No impulse control

Stand ground

Speak up – rights/values

No aggression or abuse

Self-Expression Realm Independence

• Self-directed

• Free from emotional dependency

• Autonomous decision making

• Self-reliant

• May consider others’ opinions, but…

• Safety net not needed

• No clinging to satisfy others’ needs

• Feeling, thinking, working on own 42

Harry Truman . . . Independence, Missouri

Self-Expression Realm Independence

People skills……

Interpersonal “People skills” – ability to

interact and get along

Consists of the following:

• Interpersonal Relationships – developing and maintaining good relationships

• Empathy – recognizing and appreciating how others feel

• Social Responsibility – contributing to society

Interpersonal Interpersonal Relationships

• “Give and Take” the key

• Trust & compassion in words/deeds

• Sensitive

• “At ease” & comfortable

• Listen>Speak

• Deeply/Intently

• Continue it . . . .

Interpersonal Empathy

• Aware, understand, and appreciate “them

• Emotionally “neutral”

• No judgment

• Not “nice” or that you “agree”

• Understanding other’s world

• Collaborative – the other feels “heard”

Interpersonal Social Responsibility

• Desire and ability, and willingness to contribute to society, social group, and welfare of others

• No W.I.I.F.M

• Caring and sharing gives real meaning to your life and your success

http://www.mobarprobono.net/

Decision Making….

Decision Making Use emotions in best way to solve

problems & make optimal choices

• Problem Solving – effectively managing emotions when solving problems

• Reality Testing – seeing things as they really are

• Impulse Control – ability to resist or delay impulses

Decision Making Problem Solving

• Understand and apply emotions in finding solutions

• Conscientious, disciplined, methodical,

• OK with intuition

• Innovation - clear-headed brainstormer

• Recruit help if needed

Decision Making Reality Testing

All about perception, clarity, and objectivity

Concentrate and remain focused

No fantasy, daydreams, wants, desires, or ideals

See things as really are

Decision Making Impulse Control

Resist or delay an impulse, drive, or temptation

Put the brakes on angry, aggressive, hostile, or irresponsible acts

Anger-control, abusiveness, low frustration tolerance

Hot-headed, “leap before look”

Can still be flexible, spontaneous

Stress Management…..

Stress Management Ability to be flexible, tolerate stress,

and control impulses.

• Flexibility – adapting to change effectively

• Stress Tolerance – successfully coping with stressful situations

• Optimism – having a positive outlook

V. Stress Management Flexibility

Adaptation, adjustment

Emotions, thoughts, behaviors

Changing conditions, shifting priorities

In concert with shifting feedback

Lacking – rigid, obstinate

V. Stress Management Stress Tolerance

Repertoire of suitable responses

Cope – no mental or physical symptoms

Capacity – what to do & how to do it

Optimistic outlook

Feeling in control, stay calm & in control 58

V. Stress Management Optimism

Roadblocks not a setback

Remain hopeful and resilient

Positive approach to daily living

Opposite of pessimism

Happiness….

Happiness

• Feeling satisfied, enjoying life

• An indicator of overall well-being

• Experience “zest” & enthusiasm in activities

• Not included in overall EQ-i2.0 results

• Impacts overall EQ-i2.0, closely linked to:

• Self-Regard

• Optimism

• Interpersonal Relationships

• Self-Actualization

Alignment of the EQ-i2.0 Model of EI

Why is EI Important?

• EI about human performance, well-being, and emotional and social functioning

• EI not sole predictor

• But EI shown to be a key indicator in those areas.

• EI is not static…

• EI can be developed in targeted areas 63

Emotional Intelligence Is Not. . . . .

•Cognitive Intelligence (IQ)

•Aptitude

•Achievement

•Vocational Interest

•Personality

•Static

IQ vs. EQ General Comparison

• cognitive capacity and function abilities

• learn, recall, apply, think, reason, abstract

• strategic – long term capacity

• solve problems – apply what you learn

• think rationally

IQ vs. EQ General Comparison

• emotional, personal, survival

• adapting to and coping

•understanding self + relating to others

•dealing with environmental demands

• “tactical” – immediate functioning

• “common sense” & ability to get along

Applying EI thru the EQ-i2.0

Many ways with people, teams, and organizations:

• Selection – new hires & leaders

• Self-Awareness – career self-management

• Succession Planning – the future of the firm / department

• Leadership Development -

• Executive Coaching – growth challenges

• Team Effectiveness – strategic work management

Applying EI thru the EQ-i2.0

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

• Selection – new hires & leaders

• Self-Awareness – career self-management

• Succession Planning – the future of the firm / department

• Leadership Development -

• Executive Coaching – growth challenges

• Team Effectiveness – strategic work management

Top 5 EQi 2.0 Work Success Factors

High vs. Low Performers

1. Self – actualization

2. Happiness

3. Stress Tolerance

4. Assertiveness

5. Social Responsibility

MHS, Inc. Research

[See All-Star [Lawyers] Players – The Top Five (5) EQ-i 2.0™ Attorney Emotional Intelligence Work Success Factors 04/19/2014 blog post at Psycholawlogy - http://www.psycholawlogy.com/2014/04/19/star-lawyers-players-top-five-5-eq-2-0-attorney-emotional-intelligence-work-success-factors/]

Business & Psychology References Bar-On, R. (1997). EQ-i: Technical Manual. Toronto: Multi-

Health Systems, Inc. Barsade, S.G. & Gibson, D.E. (2007). Why does affect matter

in organizations? Academy of Management Perspectives, 36-57.

Damasio, A.R. (1994). Descarte’s Error: Emotion, Reason, and the Human Brain. New York: Grosset/Putnam.

Hughes, M.,Thompson, H., Terrell, J. (Eds.) (2009). Handbook for developing emotional and social intelligence: best practices, case studies, and strategies. San Francisco, CA: Pfeiffer.

LeDoux, J. (1996). The Emotional Brain: The Mysterious Underpinnings of Emotional Life. New York: Simon& Schuster.

Pearman, R. (2007). Understanding emotions. Winston-Salem, NC: Leadership Performance Systems, Inc.

Pearman, R. (2008). Emotions and health. Winston-Salem, NC: Leadership Performance Systems, Inc.

Pearman, R. (2008). Emotions and leadership. Winston-Salem, NC: Leadership Performance Systems, Inc.

Thompson, H.L. (2010). The stress effect: Why smart leaders make dumb decisions – and what to do about it. San Francisco, CA: Jossey-Bass

References - Legal

Boston, T. (2009). The ultimate role model: what lawyers can learn from Lincoln. Texas Bar Journal, 72, 106-110.

Juergens, A. (2005). Practicing what we teach: the importance of emotion and community connection in law work and law teaching. Clinical Law Review, 11, 413- 424.

Mines, R.A., Meyer, R.A., Mines, M.R. (2004). Emotional intelligence and emotional toxicity: implications for attorneys and law firms. The Colorado Lawyer, 33(4), 91-95.

Muir, R. (2007). The importance of emotional intelligence in law firm partners. ABA Law Practice, 33(5), 60-65.

Richard, L. (2000). Hiring emotionally intelligent associates. Vermont Bar Journal, 26, 23-26.

Rosenberg, J.D. (2004). Interpersonal dynamics: helping lawyers learn the skills, and the importance, or human relationships in the practice of law. University of Miami Law Review, 58, 1225-1283.

Silver, M.A. (1999). Emotional intelligence and legal education. Psychology, Public Policy, And Law, 5, 1173-1203.

Silver, M.A. (2009). Supporting attorneys’ personal skills. Revista Juridica de la Universidad de Puerto Rico, 78, 147-165.

Web References Emotional Intelligence

• Psycholawlogy Blog - Dan DeFoe JD MS

www.psycholawlogy.com

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

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

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

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

• High Performing Systems-Henry Thompson, PhD

www.hpsys.com/Emotional_Intelligence.htm

• EI Skills Group, David Caruso, PhD

www.emotionalintelligence.ws/wp/

• Yale Center for Emotional Intelligence

www.ei.yale.edu

Thank you very much.

Thoughts?

Questions?

Feelings?

Conclusion & Thank You!

• See: The EQ-Edge: Emotional Intelligence and Your Success, 3rd Ed., 2011, by Steven J. Stein, PhD & Howard E. Book, MD, a practical and usable guide to what EQi 2.0 & EI is all about.

• See also www.mhs.com/ei.

Thank you very much.

Dan DeFoe, JD MS www.adlitemsolutions.com

www.psycholawlogy.com dan@adlitemsolutions.com

Certified EQ-i 2.0 Administrator Certified MSCEIT Practitioner

Emotional Intelligence, the Law, and Professionalism: A...

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