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20 Pass It On: Newsl. Gov't & Pub. Sector Law. Div. 1 (2010-2011)

handle is hein.journals/passit20 and id is 1 raw text is: By Katherine Mikkelson hether it is developing new policy, strategizing an approach for litigation or decid- ing how to spend hard-fought funding, public law offices and the lawyers who inhabit them are faced with countless decisions every day. Lawyers receive three years of rigorous training to learn how to critically analyze an issue but that doesn't always translate into flawless decision making. For those who have ever felt the sting of a poorly made decision (and who hasn't?), read on. Brainstorming Tweaks You know the old saying two heads are better than one. This common wisdom sug- gests that many people brainstorming together on a solution to a problem will produce the best ideas. Researchers from Texas A & M University have recently turned that thinking on its head. Nicholas W. Kohn and Steven M. Smith performed a number of experiments to examine the effectiveness of brainstorming. Students were asked to come up with as many ideas as they could on ways to improve the university. When students worked in groups, their ideas tended to be similar, resulting in more conformity and less creativ- ity. In fact, the groups' generation of novel ideas quickly dissipated; the first five minutes were the most productive. Interestingly, the decline in the quantity and breadth of ideas was reduced when the groups took short breaks. The authors stated, Fixa- tion on other people's ideas can occur unconsciously and lead to suggesting ideas that mimic your brain- storming partners. When students worked individu- ally, however, they generated up to 44 percent more ideas that covered a more diverse range of topics. Does that mean brainstorming is out? Not neces- sarily. Alex Osborn-an advertising executive widely credited as the daddy of brainstorming-developed the four rules of brainstorming in 1941: 1. No criticism of ideas 2. Go for large quantities of ideas 3. Build on each others' ideas 4. Encourage wild and exaggerated ideas The new Texas A & M findings and these long-standing rules suggest that some minor tweaks could make the brainstorming process more effective. Consider having people brainstorm independently and anonymously so that more ideas will be generated and fear of disapproval will be eliminated. If a group brainstorm is a must, however, use Osborn's rules, avoid long sessions since creativity is highest in the first few minutes, and have brainstormers take short breaks to get the creative juices flowing again. Motivation Conventional wisdom says that decisions are influenced by rewards and punish- ments-the classic carrot and stick. But according to Daniel Pink, author of Drive: The Surprising Truth About What Motivates Us (2009, Riverhead Books), carrots and sticks are so last century. Sure, they may work for routine tasks where creativity is not at a premium, but for non-routine tasks (like lawyering), rewards and punishments can stifle creativity, hinder intrinsic motivation, and diminish performance. Pink points to the classic study done by Edward Deci in 1969 where over three days two groups of people were observed playing with Soma puzzle cubes (plastic cubes that can be arranged into myriad configurations). Participants were told to replicate drawings that were placed before them. On Day One no mention of payment was made to either group and there was little

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