The Twinkie Defense and 3 Other Strategies Lawyers Use - Tips for Coaching Employees

Using the skills, strategies, and smarts of lawyers, you?ll be able to more effectively coach your employees to optimal performance. Here are 4 great tips to help you give constructive feedback in such a way that you motivate positive and productive performance...

1. Give evidence of performance to employee. In litigation, prosecutors are required to turn all of their evidence over to the defense. In order to be fair to employees, supervisors need to do the same thing. Tony frequently received disturbing memos from his district manager about his poor performance on sales calls. "You failed to cover the Five Points for Sales Excellence with a customer last month. This is unacceptable." Tony never received a monitoring sheet spelling out the discrepancies, never heard a tape of a recorded call, and he didn't even have the opportunity to defend himself because the cowardly manager simply shot her message off in a cold blunt memo.

Giving feedback the way Tony's district manager does is dangerous. It certainly isn't motivating Tony to improve.

Moreover, because the manager has provided no proof of the calls - no score sheet, no recording of the call, no date or time, and not even one specific statement about Tony's alleged ineffectiveness - Tony can't even defend his performance.

When monitoring and coaching employees, ALWAYS turn over the evidence of the call to them. This evidence may include a recorded call, Mystery Shopper score sheet, detailed notes from customer's account, etc.

2. Prepare for employee performance meetings in advance. No attorney would conduct a direct examination or cross examination without thoroughly and carefully pre planning their questions. I always prepare a loose script prior to meeting with employees about problem performance, even though I don't actually read from my script. Writing the discussion out reinforces it in my mind and allows me to be less concerned with covering all the basis and more concerned with my employee.

3. Ask open-ended questions. Asking a juror if they are for the death penalty yields a yes or no answer, but asking her how she feels about the death penalty gives the attorney the opportunity to learn more. Just the same, asking your employee if she thought the phone call in question was good will yield a yes or no answer, but asking her how she thought the call went gives her the opportunity to expound. My favorite open-ended coaching questions include: "If you could do this call over again, would you?" "Tell me about that caller." "Is there anything else about this call/customer that I haven't asked, but need to know?"

4. Don't allow the "Twinkie Defense." In court, defendants may stand behind a theory of the case called the "Twinkie Defense." This theory tries to throw the jury off the trail by blaming the client's bad actions on something else - he ate too many Twinkies, for instance, and was on a sugar high when he killed/robbed/raped/molested and therefore is not responsible for his actions. You may have encountered the Twinkie Defense with your employees: "I was late because traffic was unusually heavy and then when I got here the elevator was broken, therefore my tardiness is not my fault." Decide that employees will be held accountable for their actions and don't allow them to hide behind the Twinkie Defense. In response to the Twinkie Defense, you respond with, "This is about individual responsibility - not trying to hide behind excuses."

Deploy these field-tested and proven strategies and you?ll be coaching employees like a pro!

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Economic Growth Continues - More Than 5.3 Million Jobs Created Since August 2003
On June 2, 2006, The Government Released New Jobs Figures – 75,000 Jobs Created In May. The economy has created about 1.9 million jobs over the past 12 months – and more than 5.3 million since August 2003. The unemployment rate fell to 4.6 percent – lower than the average of the 1960s, 1970s, 1980s, and 1990s.

The Economy Remains Strong, And The Outlook Is Favorable

Revised Report Shows Fastest Real GDP Growth In Two-And-A-Half Years. Real GDP grew at an annual rate of 5.3 percent for the first quarter of this year. This follows our economic growth of 3.5 percent in 2005 – the fastest rate of any major industrialized nation.

Productivity Increased At A Strong Annual Rate Of 3.7 Percent In The First Quarter.

Real Hourly Compensation Rose At A 3.2 Percent Annual Rate In The First Quarter.

Personal Income Increased At An Annual Rate Of 6.7 Percent In April. Since January 2001, real after-tax income has risen by 12.9 percent, or 7.3 percent per person.

Real Consumer Spending Increased At An Annual Rate Of 5.2 Percent In The First Quarter.

Employment Increased In 47 States Over The Past 12 Months Ending In April. Nonfarm payroll employment increased in 41 states in April.

Industrial Production Increased 4.7 Percent Over The Past 12 Months. Over the past 12 months, manufacturing production has increased by 5.5 percent.

President Bush Has An Aggressive Agenda To Keep The Economy Growing

This Week, President Bush Nominated Henry Paulson As Treasury Secretary. Paulson has an intimate knowledge of financial markets and an ability to explain economic issues in clear terms. For the past eight years, Paulson has served as Chairman and Chief Executive Officer of the Goldman Sachs Group, one of the most respected firms on Wall Street.

The President Has Expanded Tax Relief And Is Working To Make His Tax Relief Permanent. Two weeks ago, President Bush signed into law a bill that extends the tax cuts on dividends and capital gains. This legislation also contains an Alternative Minimum Tax (AMT) patch enabling millions of middle-income families to avoid paying higher taxes in 2006.

The President’s Tax Relief Has Helped Spur Growth By Keeping $880 Billion In The Pockets Of American Taxpayers. The Administration reduced taxes for every American who pays income taxes, doubled the child tax credit, reduced the marriage penalty, created investment incentives for small businesses, and put the death tax on the road to extinction.

Growing The Economy And Reducing The Deficit Depend On Controlling The Spending Appetite Of The Federal Government. Every year since the President took office, the Administration has slowed the growth of discretionary spending that is not related to the military or homeland security. The President's last two budgets cut discretionary spending that was unrelated to the military or homeland security, and we are on track to cut the deficit in half by 2009.

If The Emergency Supplemental Bill – Which The President Has Requested To Help Fund The War On Terror And Hurricane Recovery – Includes Non-Emergency Or Wasteful Spending Or Exceeds The President's Set Limit Of $92.2 Billion Plus Funding To Prepare Our Nation For A Pandemic Flu Emergency, He Will Veto It.

In The Long Run, The Biggest Challenge To Our Nation's Budgetary Health Is Entitlement Spending On Programs Such As Social Security And Medicare. We call on members of both parties to join us in a bipartisan commission to address this critical issue.

The President Will Continue Working With Congress To Restrain Spending In Other Ways, Including Passing A Line-Item Veto. A line-item veto would allow us to cut needless spending, reduce the budget deficit, and ensure that every taxpayer dollar is spent wisely – or not at all.