May the Record Reflect
May the Record Reflect
71. Mind the Gap: Generations in Trial Practice, with Professor Marian Braccia
For the first time in history, attorneys from as many as five generations can be found practicing law together. From veteran trial lawyers in their 70s and up to Gen Z associates just starting out, the generational diversity in today’s legal workforce is unprecedented. In this episode, Professor Marian Braccia of Temple University Beasley School of Law discusses how generational identity influences legal practice, challenges stereotypes about Gen Z lawyers, and offers insights into fostering understanding and mentorship across age groups.
Topics
00:58 Generational span in law offices
04:40 Gen Z stereotypes and realities
05:53 Overview of generations in law
08:35 Defining characteristics by generation
26:37 Gen Z values and “sea change”
29:58 Generational mix in legal workforce
32:02 Authority and leadership styles
36:13 Policies and procedures
39:41 Decision-making preferences
42:55 Communication styles
47:58 Feedback and critique preferences
52:30 Generational tensions and perceptions
58:42 Recognition and rewards
01:01:51 Recommendations for law firms
01:07:20 Signoff questions
Quote
“We are talking about the success of the profession, we are talking about the longevity of the profession, and we want that to be something that doesn’t have to be reinvented every generation. We want to see continuity, and the only way we can do that is for there to be meaningful collaboration between the generations when it’s time to pass the baton.” Marian Braccia
Resources
Marian Grace Braccia (bio)
The Generations War Comes to the Law Firm (article)
Why We Mistake the Wholesomeness of Gen Z for Conservative (article)
On today's episode of May the Record Reflect.
Marian Braccia:So I've spoken with jury consultants about this. And when you have Gen Zers on your jury, if they are given an instruction by the judge, it is oftentimes much more effective to give them the instruction and give them the reason they are being given the instruction. So it's not just that the jury will disregard or the jury will give weight to this piece of evidence, but they have to be told why they're being told to disregard a particular piece of evidence. They have to be told why there's a conference happening in at sidebar in the judges' chambers, in order for them to be part of the process and embrace the process.
Marsi Managan:And this is May the Record Reflect. For the first time in history, it is possible to encounter attorneys from as many as five different generations while strolling the halls of a modern law office. From seasoned lawyers in their 70s, 80s, and even 90s, sharp, active, and serving as of counsel to their firm, to new associates in their mid-twenties, fresh out of law school and just beginning their careers, the generational span at this moment is incredible. Imagine working in an office where a veteran trial lawyer might be a mentor to someone young enough to be their great-grandchild. Law is one of the few professions where this is possible. In today's episode, Professor Marian Grace Bracha of Temple University Beasley School of Law is back with a fascinating conversation about these many generations of lawyers who find themselves in one another's midst. At Temple Law, Professor Bracha specializes in courtroom technology, e-discovery and trial skills, and is a frequent presenter on gender bias in the courtroom. Before joining the faculty, she served for 12 years as an assistant district attorney in Philadelphia. She joins me now to explore how generational identity shapes the legal practice and how lawyers across all age groups, from boomers to zoomers, can better understand, work with, and learn from one another. Here's our interview. Last year, there were 38,937 law school grads. The average age was 25 or younger, with 20% aged 30 and older. Now, it's still a little too early for data to be available for 2025. But for the sake of argument, let's assume roughly a similar number of graduates for this year. And the point is that that's a lot of new lawyers who are entering the legal workforce. For the last several years now, most of those new lawyers were born between 1996 and 2010. They are known as Gen Z. We are right on the cusp where the eldest of that generation are higher education grads and they are beginning their careers. I think we've all heard the unflattering stereotypes about Gen Z. They are always on their phones, they have a short attention span for everything except for spending hours scrolling on TikTok. They have social anxiety, and they accordingly lack the soft skills or people skills. They don't like to work hard, they job hop at the first sign of conflict, they overshare about their mental health, they're entitled, they're unfocused, blah, blah, blah. Professor Marian Bracha, you actually have Gen Z students in your classroom at Temple University Beasley School of Law. What do you think of these stereotypes?
Marian Braccia:Well, I think the stereotypes certainly exist. And I think that our students are unfairly confronting these stereotypes. Um, but I also think that our students are doing an amazing job of overcoming them and proving them wrong. Uh, and I personally have found working so closely with Gen Z that they are unfair stereotypes and that Gen Z is actually a uh an incredibly creative and innovative and passionate uh generation that deserves a lot more credit than I think it gets oftentimes.
Marsi Managan:So the members of the class of 2025 are starting their jobs in all likelihood this month, and that includes my own new lawyer son. And so it seems like the perfect time to talk about all these generations coming together and dealing with one another in today's legal workplace. So we're gonna talk about what each generation values from work and life, where they excel, how they communicate, and most importantly, perhaps what they can learn from one another. So I would like to kick off our conversation by just giving a brief overview of each generation, if we could.
Marian Braccia:Sure. So currently we have, I I think this is probably one of the first times in history that um there are potentially six generations represented within the practice of law. So there's the greatest generation, or what's known as the greatest generation, born from 1901 to 1927. There's the silent generation born between 1925 and 1945. Of course, there's the boomers that everyone knows from 1946 to 1964. There's Gen X, born 1965 to roughly 1980, then Gen Y, or the Millennials, born roughly 1980, 1981, to the year 2000. Gen Z was born right at the turn of the century, around 2000, 2001, until 2020. And I have four children of my own since you got mentioned your son, so congrats to him on his recent law school graduation. And I have one who was born in Gen Z in 2012, and then three others who were born Gen Alpha 2013 and thereafter.
Marsi Managan:Yeah, it's a big spread. And it's it's interesting that in law you can have the elder generations still working of counsel. I have known so many lawyers throughout my gosh, almost 40 years working in law who were, you know, in their late 80s and 90s still coming to the office and sharp as attack. So it's important that we talk about all of the generations that you've just listed.
Marian Braccia:I did a a tidy bit of digging, and I think this is still up-to-date information. Um, as of last January, Norfolk, Virginia's Stanley Sachs, um, at uh now almost 102 years old, was the oldest and longest practicing attorney in the United States with 75 years experience uh in personal injury law. And he still works every day. He works with a paralegal, um, mostly remotely from home, but even centenarians are becoming more numerous given the fact that we are nearly a quarterway through the 21st century and there are still practitioners who were born to that silent generation, the early part of the silent generation.
Marsi Managan:That's amazing. So, what are the defining characteristics that come into play at work? I would like to start by discussing the societal changes that each generation grew up witnessing, whether that works out for them as being a liability or an advantage. And in the end, it if informs their work habits.
Marian Braccia:So let me start then with the traditionalists who were born in that 1922 to 1944 range. Um, that's also known as the silent generation. Um, this was the generation uh that was defined by the Great Depression, by the Second World War, then later by the Korean War. Um, remember, this was the generation that uh went through their formative years before uh the women's rights movement, before the civil rights movement. Uh, when people of this generation got married, it was marriage for life. Divorce was a not very common uh practice among married people. This was the age of wireless radio, of big band, of swing music. Um this was also the generation that went to school and had very disciplined education. So, you know, sitting in alphabetical order or sitting in straight rows and just sitting and watching the teacher at the front of the classroom. This was not the collaborative, let's work in groups and do little group exercises and group projects generation. Um the traditionalists are also known as long-term savers. They believe in paying cash, no credit, they like stability, and there was an end game. There was a goal of retirement. Um, they certainly valued work, but they were less concerned about career path necessarily, and and more concerned with loyalty, loyalty to a company, loyalty to a job, loyalty to um uh a company mission. Um, but they they worked to live. And when they did retire, retirement actually meant sitting in a rocking chair and enjoying your time off, not taking on a new profession, not going back to school, not uh uh taking on, you know, a part-time job. Um, and this generation really preferred direction from the top down. So this was not a generation that was raised to question or challenge authority. They were comfortable with receiving information on a need-to-know basis. There was no, I'll use a naughty word here, but there was no entitlement to it. Um, so this this was this was a a generation that was uh very accustomed to hierarchy, to structure, to following that structure, to taking, uh, receiving and then executing orders and not necessarily um, again, challenging or or questioning the direction they were given. So you knew your place. I think that's a great soundbite and probably a much more effective way to say it than my long recitation there. No, it's good. So, what about baby baby boomers, the next generation? Yeah, so the baby boomers, again, born between 1945 to 1964, defined by the Vietnam War, by civil rights activism, um, other defining uh moments in this generation were the JFK and Martin Luther King assassinations. Um, this was the the generation that's all the influx of television and then the transition to audio cassettes from transistor radios. Um this was a a generation that made their support of human rights um heard and seen. This was a protest generation that that I think began to question the authority and began to be much more vocal and outspoken when they disagreed with authority. Educationally, this was a generation um that participated in the classroom probably more than the traditionalists did, but with quiet participation, with it with deference, with um orderly participation, if you will. Um, and this generation did not retire as early as the traditionalists. They stayed in the workforce a bit longer and uh really valued their career advancement and and started to focus more on what we think of uh in uh our traditional or more tangible rewards from the workplace, like promotions, like salary increases. Um, this generation, and I'm sure we'll talk about this when we get a little bit further down the ladder when we talk about millennials and Gen Z, but this generation is suspect of job hoppers. They are uh very comfortable staying in the same job for decades from retiring uh from the same job. Um, and they do want to be and appreciate being recognized for their loyalty and the long hours and the long years of service that they dedicate. Um, this is, however, a generation that started relying a bit more on credit. So this was kind of the buy now, pay later mentality that began to be introduced that I think um the next generation kind of took to the next level.
Marsi Managan:So it sounds like they value structure and stability, but they also want uh if we consider the civil rights era and um the protest era like Woodstock and all of that, they want to give everyone uh a voice and a place at the table.
Marian Braccia:I I think that's fair. And I think it's it is um uh when you say they appreciate structure, I think they would seek structure from a system that they agree with. And this is probably the first generation or perhaps again the most vocal generation that will challenge a structure that they don't see as fair or equitable.
Marsi Managan:So I'm a member of Gen X. So go ahead and tell me all about myself.
Marian Braccia:Well, Gen X, this is surprisingly the smallest generation in the United States. Um, and however, it's the most diverse generation. Now, this generation, again, born between 1965 and 1980. I didn't give away your birth year there, Marcy. I I know better than that. That's okay. Um but this generation uh was the first American generation to see such a high parental divorce rate. Um, they were marked by the recession of the 1980s. Um, this was the generation known as the Latchkey kids. This was perhaps the first generation that had both parents who were working outside the home and would come home and not have a parent or really a mother there to greet them because she was also working. This generation is the first American generation that expects college as a birthright. We hadn't seen that yet in the silent or traditionalist generation or the baby boomers. So this generation um didn't necessarily question whether they would go on to college right after high school. That was just something, frankly, that was assumed. Um, but remember also we're we're seeing this generation come of age during the spread of the AIDS pandemic, um, also during the spread and and the beginning of the real technology boom, uh, where we're seeing computers king, we're starting to see the IBM and and the um much more common uh placement of a personal computer in their homes as children, um, so, or I should say as as adolescents and young adults. Um, this is, as I alluded to from our baby boomer discussion, the perhaps the most credit savvy generation. Um, they lived with incremental debt and kind of knew or know how to balance that because um accruing student loan debt, accruing uh mortgage debt, things like that was uh again also very, very common. And that probably had a lot to do with the economy that they were growing up in. This generation, more so than the past two generations we've talked about, even the more so than the baby boomer generation, is most cynical of leadership. And in the workplace, Gen Xers value their co-workers just as much, if not more, than management. So if there is an answer, if there is a question that can be answered from a peer or a coworker, Gen Xers will go to a peer. They won't go to a supervisor to get something done. Um, this generation, again, building on the baby boomers, I I lovingly refer to them beyond their latch key kid status, but I lovingly refer to Gen X as the show-me the money generation. So, in lieu of praise, in lieu of the intangibles, I want the bonus, I want the salary bump, I want, you know, the the the nearest parking spot, whatever the case may be. But this really was the generation that was um focused on the dollars and cents more than anything. And I I think we'll also talk about that when when we talk about how the economy of law has shifted in the past 40 or so years.
Marsi Managan:Well, I came of age during reagonomics. So that stuff about the bonus and uh economic rewards certainly checks out. What about the millennials? What are they like?
Marian Braccia:Well, again, I I think the millennials, even before they started taking over the entire workforce and the entire legal industry, certainly, the millennials I think also had a bad reputation or got a bad reputation and unfairly so. The millennials went through a lot as adolescents that I don't think has been given enough attention and enough enough sensitivity. Gen Z certainly had and and has had a very tumultuous entry into adolescence and into adulthood. We can talk about COVID, we can talk about the economy, we can talk about the the very um contentious political world that that Gen Z has has grown up in. But before that, the millennials, Gen Y, were in high school for Columbine. Uh many were in high school or just entering college during 9-11. Uh, we're talking about the surveillance era, about new metal detectors and cameras and surveillance everywhere becoming um just a very natural part of our lives that wasn't part of our childhood. Um there are, there was certainly the the memory of the Oklahoma City bombings and other acts of domestic terrorism uh in in addition to uh Columbine and and then the uh proliferation of school shootings. So, so all of these social factors have really informed how uh the millennials entered the workforce. This is the first generation, the millennial generation might be the first generation that is that is better educated than their superiors. So it's not uncommon in the workplace to see a millennial worker uh with a higher degree or more years of education than the person to whom they are answering in the workplace. This is this is a generation that really does seek the fast track. There is a smaller cohort within the millennial generation known as the Xenials. So they were born roughly between 1977 and 1983. Um, and uh they they were said to have had an analog childhood and a digital adulthood. So this this was a generation that really adapted to technology very, very quickly. And again, uh, this was uh a time and a and a means for them to seek the fast track because they adapted to that technology, adapted to automation rather easily and rather quickly, certainly more so than Gen X and the baby boomers did. And so, because of their uh uh adaptability, especially with technology, this was the first generation to be in the workplace, to be in the workforce and demand feedback because of their exposure to technology and kind of seeing an instantaneous result there on the screen or even through video games, as silly as an example as that may be. But the millennials really do expect feedback and want to know how they're doing. I think the earlier generations, like the traditionalists and the baby boobers, said, you know what, no news is good news. If I'm not hearing from my boss, I'm gonna take that to mean that I'm doing a good job. And that does not work for the millennials. Even if they are doing a good job, they need to be told it. And if they're not, they want to be told it even sooner. Um, the millennials expect to be paid for what they do, not the time that's spent doing it. And so for them, faster is better, but that doesn't mean that you can shortchange their compensation. I I think I um I saw a meme or a reel or whatever you call it on social media from a uh actually from a tattoo artist that said, it might take me 10 minutes to do your tattoo, but it took me 20 years to learn how to do how to learn how to do that. Um so you're paying me not for the 10 minutes, but for the 20 years that it took me to learn it. And so that's that is how the millennials feel about their compensation. Not just because they can do it faster doesn't mean they should be uh paid for the time it took them to do it. Um this generation really does also desire a flexible work schedule and time off because for the first time now we're seeing a demand for um uh a home life balance, a work-life balance, and they they are valuing the time spent with their family, with their friends, um, and they are focused on good health. I think if we were to look at some of the unfair or um unkind stereotypes that exists uh for the millennial generation, this is the generation that was known as the trophy generation because they expect, you know, a toy in their in every bag with their Happy Meal. Um, this was, you know, the generation that started getting participation trophies and not just the award when you won. So, as we said, also this is a very large generation. So for almost every profession that we see in our Bureau of Labor Statistics breakdown, um, this is the largest uh represented generation in almost every profession, and that's certainly so in law. Um, and this is a generation that um engages meaningfully um on almost every platform that they are given. So whether that means email or text or social media um or uh in in-person communications with friends, with family, very social groups, this this is a really in-touch and wired in generation that um has its finger on on the pulse of a lot.
Marsi Managan:It sounds like they are breaking the mold. Uh maybe not just the mold, but every mold. Like they're challenging everything and doing everything kind of a l kind of differently.
Marian Braccia:Kind of differently and in their own way and and finding ways that that um enable them to achieve what they want to achieve in the way that they want to do it. So yeah, they really are rewriting the playbook and playing by their own rules. So let's get to the digital natives, Gen Z. What can you tell us about them? So our Gen Zers, our Gen Zers were born from uh around again, around the turn of the century. Some stats put them at at a birth year of around 1995. I simplify it and say it's closer to the turn of the century, so around uh 2000, you know, and and born until about 2010, 2012. Um, and so this generation um knows nothing of privacy because they have been raised on social media. Um their faces are all over social media. They have no problem kind of blasting where they are, tagging their location, tagging who they're with, um, uh saying exactly what's on their mind in in live feeds, on live reels. So they really don't, as I said, know anything about or or seek that um that solitude or that privacy. They are quite comfortable being uh communal and being non-anonymous. Um it, however, comes to the workplace, uh Gen Z is even more so than the millennials, arguably the most tech-savvy generation. They were born after the advent of the internet. They grew up with access to the most modern computers and smartphones. You know, the joke is they were born with an iPhone in their hands. Um apart from technology, this generation is also very, very socially conscious and often very outspoken on issues of sustainability, diversity, equality, certainly other far-reaching issues. Um, and this is uh also a very diverse generation. So the communities with the broadest spectrum of backgrounds with race, gender, orientation, identity, um, these are the uh communities that are most attractive to Gen Z. Gen Z lawyers specifically are thankfully acutely aware of mental health and maintaining their mental health. And they desire, not only desire, but demand, manageable work-life balances to preserve their emotional and physical well-being. I think members of this generation are also more um receptive to remote opportunities and to having um uh uh the the flexibility that again will allow them to work in a way and in a place and at times that work for them, that are most convenient for them. And I think that is where we see a lot of tension with the older generations in the workplace, especially in law.
Marsi Managan:So to piggyback on that, we had shared with one another an article that was published in the New York Times just this past summer about how Gen Z is small C conservative. They are constitutionally moderate and driven by old-fashioned values, what you might call wholesome.
Marian Braccia:Do you find that to be true? I I think I do agree with that, with that description. Um, and particularly in the sense that I find, especially in the classroom and interacting with uh Gen Z law students and now new Gen Z lawyers, they are a particularly care-giving group. Gen Z is a group that has more enthusiasm for um helping and being in a helping profession and taking care of um smaller communities, marginalized communities, communities that that might be either victimized or again forgotten, marginalized. Um, and Gen Z lawyers in particular are not as interested in those big top salary offers from big law as they are for um bigger roles at smaller firms where they can make more of a societal communal civic impact. So I I agree with that New York Times assessment. And uh I think it it's almost a reversion to uh what we saw in the early 1980s or I'd say after the Vietnam era and into the early 1980s with this more um wholesome kind of small firm or even solar proprietor model of legal practice, and and it it feels a little like a return to those days.
Marsi Managan:So then do you think that we are in the midst of a generational sea change that's going to alter the way that the legal profession goes about doing its business?
Marian Braccia:So I I do think that everything is cyclical. And I think that we have seen tensions before between the generations, not only on the in the workplace generally, but in the practice of law more specifically. And I this this reminds me some of the tensions that we're seeing between the baby boomers and and Gen X and the younger generations, like the the younger millennials and certainly Gen Z currently, um, reminds me of the the tensions that existed, as I mentioned, in the early 1980s, when there was um I think a transition um to a much larger and more capitalistic structure of the business of law. So I don't think this is new. I don't think that we have ever uh not experienced and not survived uh intergenerational conflict before within the practice of law. I think it's just a new generation making itself known, welcoming itself into the profession and uh having some having had the whole profession having some growing pains having these new members as a part of it.
Marsi Managan:You had mentioned that millennials make up the greatest percentage in the legal workforce today. Would you happen to have at your fingertips the split or what the the current mix is of generations?
Marian Braccia:Yeah. So our Millennial generation who's between ages 35 and 44 currently is just under a third of the entire profession, the entire legal profession. It's about 29%. After them are the Gen Xers, who are, again, between 45 and 54. They're just over 21%. So about a fifth of the profession. Then slightly younger than the millennials, Gen Z is coming up right behind them. They're age 25 to 34. They comprise about between 18 and 19% of the profession, 18.6% according to the ABA. And then the Gen X, age 55 to 64 generation is just under 18%. And the baby boomers, age 65 and older, are about 13% of the profession. And I will say law, this is no surprise to anyone, I'm sure, but law does tend to be a slightly older profession, comparatively speaking, to the rest of the American workforce. And that's there's a few reasons for that. Number one, certainly, is the fact that there are at least three years of education that have to go into training before one can sit for the bar and be a licensed attorney. But the other reason that we are an older generation or we skew slightly older is because attorneys are working much longer, as we talked about earlier with centenarian uh practicing attorneys still. So this is overall an older, uh, an older generation. Um we did see the retirement age drop, dip ever so slightly after COVID or during COVID, um, but it is back up. And so that the median age of all attorneys across the profession is about 46, while the median age of workers across the American workforce is between 41 and 42.
Marsi Managan:Authority is the power to give orders, make decisions, and enforce compliance. And there are three or three different areas concerning authority that we have been discussing today. We've touched on leadership a little bit earlier in the conversation, but I wonder if we could circle back and just get a kind of a quick couple of words about what each generation expects from authority figures within their organization and what leadership characteristics attract and conversely repel them. We'll start with the elder generations, the traditionalists and the silent generation.
Marian Braccia:I think I think it's it's easy to sum up the traditionalists and the baby boomers by saying they respect leadership and the traditionalists will rarely challenge leadership because they are perfectly comfortable with that top-down authority, perfectly comfortable with hierarchy. Um the baby boomers, however, do respect leadership but will challenge it. So they they do respect um uh uh the who their supervisors are, who their their law firm leaders are. Um, but baby boomers are the ones who pushed organizations to give a greater voice to their workers and and to um the the people on the the the lower rungs of the hierarchy. Um so I would say that that both of these generations, the traditionalists and the baby boomers, are um very respectful and mindful of hierarchies and and can operate well within them, but there's a difference between um their willingness to challenge their authority figures.
Marsi Managan:And we can't say the same for Gen X, can we?
Marian Braccia:No, definitely not. And Gen X, um Gen X is not necessarily impressed with authority. They expect competent managers, but Gen Xers learned from technology and from non-traditional family structures, so they didn't um grow up necessarily with um an authority figure always present. They didn't necessarily have a parent always present of whom they could ask permission or of whom they could ask for instruction or or guidance. Um and so Gen Xers typically embrace whoever is the most qualified to help make decisions or help answer questions. And so, as we mentioned, they will seek out informal leaders, even if that means their co-workers, their colleagues, or you know, someone on the same level, so to speak, as they are, and won't necessarily always defer to authority.
Marsi Managan:Wow, that's a really great observation. How do millennials build on that?
Marian Braccia:So millennials want the senior people in their organizations to listen to their ideas and their opinions, and then they want broader and more inclusive decision-making processes. They they want to be asked for feedback, they want to be given feedback, and they also want to feel like they are contributing to the conversation, even if they are not the ones in the leadership roles or who have the decision-making authority. So they expect guidance and feedback from their leaders and their authority figures, and they will challenge their authority figures, but at the same time, they expect that those authority figures are the ones who can teach and guide and mentor them in the workplace. And I think that is something that um is essentially a a standard or some essentially an expectation of this generation.
Marsi Managan:And what about Gen Z?
Marian Braccia:So Gen Z is the same. So Gen Z, I think, um borrows a lot from Gen Y or from the millennials and seeking um that feedback, seeking that that mentorship. Um, but at the same time, if they have figured out a better, faster, cheaper, or frankly more customized and personal way of doing things, they uh expect to be able to incorporate that method into the workplace or in into the execution of their tasks without being um uh questioned or or uh challenged about doing so.
Marsi Managan:So the next authority concerns an organization's policies and procedures. Let's break down how the generations regard that, starting with the elders.
Marian Braccia:So uh I think again, the traditionalists and the boomers have a lot in common in this category. Uh according to the traditionalists, everyone should just do as they're told. If if there's a memo, if there's a policy about it, if there's instructions out there about it, follow your instructions, follow the directions. That's what we're here for. Um They believe that the existence of the policy is the very reason for compliance with the policy. Um, whereas the the boomers also respect policies and procedures and will also respect those directives and those guidelines, um, but they'll say, you know what, let's make a policy that's fair to everybody and that help that helps things run more smoothly. So again, they want to be part of the process and they are seeking uh fairness and equity in the process. Uh, and then once that process exists, they'll respect it. And Gen X. Gen X says, you know what, one size doesn't fit all. Rules are made to be broken. Policies are an invitation to ask more questions, particularly if there's not a stated reason for the policy. You have to tell me why it exists, and then I can evaluate whether or not it's gonna work for me.
Marsi Managan:It's part of that generational irreverence that you mentioned before.
Marian Braccia:It's kind of like, hey, listen, I looked after myself after school. I should be able to see myself through this task and not be uh confined to certain parameters, right?
Marsi Managan:Yeah, no kidding.
Marian Braccia:Millennials. So millennials say if it doesn't make sense, I'm just gonna assume that that policy is a guideline and figure out a way to make it work for me. This was, again, a generation that would question their parents' rules, um, that wouldn't necessarily just follow orders because it came from an authority figure or a boss or a parent. And so millennials see policies and procedures like they see most other things as all things up for negotiation. And it's the same true for Gen Z? I think it is the same for Gen Z. Um, and one thing that my husband and I have had to get used to with parenting children in Gen Z and Gen Alpha is that the the phrase because I said so does does not carry the day, right? So with with um, and and this is really interesting too, because I've spoken with jury consultants about this. And when you have Gen Z ears on your jury, if they are given an instruction by the judge, it is oftentimes much more effective to give them the instruction and give them the reason they are being given the instruction. So it's not just that the jury will disregard or the jury will give weight to this piece of evidence, but they have to be told why they're being told to disregard a particular piece of evidence. They have to be told why there's a conference happening in at sidebar in the judge's chambers in in order for them to be part of the process and embrace the process. So when when I, you know, tell my kids to do something, or even frankly, tell my students to do something, it will not be received or adhered to without an explanation. So I'm changing the date for this assignment, or we are going to have a midterm, and here's why. And at that point, there is buy-in and there is much more cooperation.
Marsi Managan:Well, that's a hot tip about when you're addressing jurors who are within this generation. Right. Right. So the third area concerning authority relates to how decisions are made. How does each generation view its role in decision making? And we will start again with the elders.
Marian Braccia:The traditionalists say the boss decides. Boss is at the top, top down, boss is at the top for a reason. He or she earned it. Um, and I'm gonna listen to that authority figure without questioning authority because to question authority would be insubordination. And then the boomers. The boomers do use a decision-making process, but ultimately the boss decides. Um, and this was the first generation in the workplace that incorporated surveys to critique the boss. And so that is the way that that they were able uh to give feedback and and kind of express how they felt about the decision making that was perhaps being made on their behalf. So it's a bit of participation. I I think they appreciate that bit of participation, yes. And what about Gen X? Gen X says, you know what, the savviest of the group should decide. So it doesn't have to be the head of the organization, it doesn't have to be the manager, it doesn't have to be the person who's nominally in charge. Um, it has to be the person who can make the best and most sensical and uh most economic and most efficient decision. So whoever can come up with that, sure, will do that.
Marsi Managan:Whoever's got the greatest understanding of the situation. Right.
Marian Braccia:And millennials. Uh the millennials, and I think Gen Z do this hand in hand. Um those two generations will say, you know what, we'll decide all of these things together. We'll come to a decision making, uh uh, we'll come to a decision together after weighing all options. And if we as a group can't collaborate and decide, then maybe we'll defer to the boss again, so long as we get that explanation from the boss as to how the decision was made. And so I I mentioned at the very beginning the uh traditionalists who were educated in that very discipline-oriented classroom, you know, straight lines, alphabetical order. Um, Gen Y, the Millennials and Gen Z were not educated like that. They learned arbitration and group decision-making skills in elementary school, in in the group setting, and sitting in a circle, in having your your chairs face each other and doing everything as group work. Um, so they really are very comfortable with group decision making and will um uh ultimately defer to an authority if the group has proved to be um unsuccessful in coming to a consensus. So they're very peer-to-peer connected and small d democratic. Small D-democratic and and remember also these are the two generations that are most technologically savvy. So everything is done via group text, via group me, group chat, you know, uh uh the the uh the WhatsApp. Um and so everything is is always done in a um on a collaborative thread.
Marsi Managan:So that leads really well into the next discussion, which is about communication. And of course, that is massive in the legal practice. So I would like to break down how each generation prefers to communicate, and then on the flip side, also talk about how you can lose them if you're not careful.
Marian Braccia:So we will start with the elders. Sure. So traditionalists will will um remember they grew up in the print and radio era and they were taught proper penmanship, the Palmer method, they were taught formal uh letter writing and memo writing skills. This generation also favors face-to-face communication. So uh if you have either co-workers or supervisors or subordinates who are a member of the traditionalist generation, um it might be best to schedule a meeting with them, to sit down and actually have a check-in and say hello and get then get to the topic that you need to discuss or the issue that you're having. And then uh the best method is to memorialize that face-to-face meeting in a formal written memo, um, or send a letter, um, or take handwritten notes, or uh document it for a file. It is a much more institutionalized method of communication. It's not just a hey, let me pop in your office and run something by you.
Marsi Managan:And are boomers pretty much the same way?
Marian Braccia:So boomers went to work in the era of typed formal memos and they're also trained in formal writing skills, um, but they grew up in the broadcast era watching TV much more than listening to radio, which created a higher standard for presentations and put emphasis on the visual. So another jury tip if you have um boomers and gen Xers on your jury, make sure that you have um some visual display and s and have in some way incorporated um visual technology to tell your story because this is a generation that grew up with pictures in front of them, and so they um are are very much in favor of that method of communication.
Marsi Managan:So they like their demonstratives, and I would imagine that all the generations that follow do as well.
Marian Braccia:They they certainly do. It's funny because Gen X just says, you know, what are what are memos? Why are we reducing this to a memo? Um are we able to, this is a a generation that's comfortable meeting virtually. They grew up in a global world and and began to embrace new technologies in the form of email and cell phones. Um and this and Gen X, more so than the last two generations that we spoke spoke about, um, would appreciate immediate information and response. So they're not, they're beginning to be not as comfortable with that lag time between sending a question and receiving an answer.
Marsi Managan:And fewer meetings, I suppose.
Marian Braccia:Far fewer meetings. You know, why it couldn't this have been an email, right?
Marsi Managan:Yeah, the old cliche. There's a reason for it. What about millennials and Gen Z? Are they very different?
Marian Braccia:They are, uh, and I and I blame the things that we carry around in our hands, in our pockets, in our purses all the time because smartphones. They grew up with wireless video, um, they they grew up uh playing playing video games and and talking to people around the world uh while playing video games that they never met before. Um so the world is literally at their fingertips at all times. So a text response is perfectly fine. Uh sending, sending a text or uh a DM when you have a work question is perfectly fine. Informal communication, like abbreviations and you know, the the slang that we use via text, L O L and you know, uh SMH or whatever we say to each other is also And emojis. And emojis, right, are are perfectly fine. Just make sure that you're using the right emojis if you're talking to Gen Zers because they they will tease you if you're using the wrong emoji. Um but but according to these two generations, that that need or that over-reliance on formality is a waste of time. And again, they're looking at the fast track and they're looking at being the most efficient and effective generation. And why write an entire memo when I can just fire off a text message about it?
Marsi Managan:What about voicemails and just calling somebody up on the phone?
Marian Braccia:So I I saw a funny quote this morning that said, It's the year 2025. Now I read voicemails and listen to books. So and so it's it's so it's like that, right? So I I think that um anyone who has an office line still or anyone who still has a voicemail set up uh probably appreciates being able to read the transcript of it via email or read the transcript of it on your on your screen, on your voicemail screen. Um so when possible, if it is a relatively short question or something that doesn't need to be so formally memorialized, I would say send it as a quick message, a slap message or a Teams message or whatever platform you're using and uh just expedite the process if you're dealing with someone in Gen Y or Gen Z.
Marsi Managan:Law is one of those industries where apprenticeship is really important. Mentorship and guidance from those senior to you are also important. So, next I want to talk about how to give feedback or critiques on performance and work product in a way that is optimal for each generation. Or you might say, how do we communicate in a way that someone from another generation will be most receptive? Professor Bratchett, you mentioned a moment ago that older generations are very no news is good news, so to speak, and that younger generations think to varying degrees, I suppose, that instant feedback in the moment is more helpful to their skills development than holding off and waiting for a formal performance review. Nowadays, Gen Z lawyers are certainly receiving feedback from their supervising attorneys who are either Gen X or millennials. So let's start there.
Marian Braccia:I would say they're certainly receiving feedback from millennials. I th I think almost a decade ago in 2017, Lil Lizzie McClellan um did a seminal series of articles on millennials in big law, and she noted that millennials, as we've discussed today, make up the largest generational group among lawyers at large and mid-sized firms, and that the numbers starkly illustrate the reality facing law firm leaders that millennials will soon take over the profession in sheer numbers, and soon enough they'll dominate leadership positions and partnerships as well. So I think when we are thinking about who the leaders are in our profession, we absolutely have to include uh millennials just just because of their again, the their sheer numbers and their their the the prevalence in in terms of their um population.
Marsi Managan:And so how do they like to both give and receive feedback or or critiques?
Marian Braccia:So I'll I'll briefly start with Gen X. Um I think Gen Xers um appreciate uh real-time feedback uh without a lot of fluff. They don't have the time or the patience for it. They say, just tell me what you think, um, shoot from the hip. Uh I I don't need the disclaimers. Um, just uh let me know how I did so that I can get back to work or get the continue getting the work done. Um and they don't necessarily need a um a form or um an annual review, um, but they they do expect to know how they're doing along the way with with any project they're working on. But um boomers kind of expected those scheduled appraisals, whereas um Gen Xers, they don't they don't need that done at the same time every year. They're not expecting a meeting to be set, they just want to know how they're doing and however that can be communicated on a regular basis is fine.
Marsi Managan:And then just incorporate it into their work right away.
Marian Braccia:Right. Millennials. Well, remember, millennials and Gen Zers uh also uh we mentioned the the the video games and the and constant video gaming, just put the score on the screen, right? Just like a video game. They want instant feedback. So um this the generation, the the millennials and Gen Zers were raised by baby boomers who focused on their children's self-esteem and they used listening and problem-solving tactics. And so that those those weren't necessarily um parenting attributes that the boomers received as children. That wasn't exactly the parenting method that was being done by um the greatest generation at the the turn of the 20th century for the baby boomers, right? So um I think Gen Y and Gen Z want short, concise, frequent feedback, but they are also interested in it being constructive and dare I say kind. I think that Gen X has a a bit more of a harder shell, so to speak. And so when they say, just tell me what you think, give it to me plain, uh shoot from the hip, be as candid as you need to be. I think that Gen Y and Gen Z still appreciates um uh having their confidence built and being told if they could do something better, how they could do it better, and and being given that opportunity uh to achieve and to rise.
Marsi Managan:I could see how with older generations they might look at that need or desire as being kind of soft, squishy. What do you think?
Marian Braccia:Yeah, I I think that's I think that's fair, and I think that's where a lot of the tension uh between the generations in the legal workplace is coming from. I know that um Jordan Furlong has a a great substack. Um, and he's got one piece from a couple of years ago called The Generations War Comes to the Law Firm. And he undertook a series of interviews with older generation lawyers and uh Gen Y and Gen Z lawyers, and the perception of Gen Z lawyers um by baby boomers and Gen Xers was really unkind and pretty harsh, to be honest. They were referred to as Zoom associates. Um, the older lawyers were saying that Gen Zers and Gen Yers lack initiative and ownership and personal responsibility. They were saying that they don't want to work hard, they're shiftless. I think that is also a perception that's uh developed because Gen Z uh members of the profession will likely quit a job within two years, and one third of those who will quit a job within two years of starting it would actually exit a job without having another one lined up. Um, and so there are a lot of reasons for that, and because of that practice, um they have, I think, developed perhaps unfairly a reputation among the baby boomers and the Gen Xers as undedicated workers. But um, as Jordan Furlong um uh noted in in that same subset sub stack as a result of the interviews he he undertook, um, Gen Z were would respond, quote, it's not that I don't want to work hard. I'm just not as willing to be abused as some of my peers were. And then there's um uh another quote that says Boomers and Gen X have only themselves to blame for my generation. They took on, they took all of their generational economic advantages and pulled up the ladder behind them. Ouch. Yeah. So so there is clearly a lapse of understanding and and a lapse of uh of communication. And and frankly, with some of these quotes, a lack of respect um for the different generations and for their different styles of not only the practice of law, but in some of these instances, these weren't just complaints about approaches to employment or approaches to uh task execution. These were character judgments and and they're rooted in a sort of moral indignation and almost a resentment of the perceived uh rejection of older generations and older lawyers' values. And so there really is a reckoning and a coming together that we need to see so that the generations understand each other and respect each other and can work together so that there is um a legacy in place, so that there is continuity of our practice and that law firms don't um begin to shudder and fold because there is no one to take over when that older generation eventually retires.
Marsi Managan:Right. And that's part of what we're talking about here today, why this episode feels so important. I had um done some research on some quotes, and I found one by George Orwell, who wrote that each generation imagines itself to be more intelligent than the one that went before it, and wiser than the one that comes after it. And I think it's just a peculiarity of human nature that we imagine ourselves to be the smartest, the brightest, the most gifted. When in fact, we've all been in that Gen Z boat, you know, thought to be lazy, dumb, entitled screw-ups who were gonna lead to the fall of humanity.
Marian Braccia:I I completely agree. And that and that first round, and I shouldn't say first round, I mean I'm I'm talking about um a generational shift and tensions that uh existed within, you know, documented, um, memorialized history of our profession just in the 20th century. But um, you know, if if you look at, and I know that I've mentioned it a couple of times, but if you look at the shift that happened in um the 1980s, so from roughly 1980 to 1990, um the the legal profession in the United States absolutely boomed. The number of U.S. law firms with more than 50 lawyers tripled, um, the number of lawyers in those firms rose by more than two more than double by about 120%. Um, and the the average age of the US lawyer um between 1960 and 1980 dropped from uh 46 as an average age to 39, which means that we had all these young whippersnappers uh coming into the profession in in the late 70s, early 80s. And again, we were seeing that transition from the more uh private sector, more elite, small, quote unquote dignified, exclusionary law firms of the mid-century. And they were being overwhelmed by that Michael Douglas era, 1980s, 80s era greed mentality. And I don't say that as a as a criticism. Again, it's just an observation of the shift in how our uh our our our profession looked and was guided and was structured. Um, so we we saw that tension before, and we saw um the lawyers, the baby boomer lawyers coming in to the profession um at a time when perhaps the the silent generation and the traditionalists uh had a very different picture for what the practice of law should be or should look like. And so again, we have seen this before. It's just about surviving the tension and having the generations respect and understand each other.
Marsi Managan:Yes, it is. Um we've talked about how generations like to receive criticism or are open to receiving criticism, perhaps I should say. How then do they like to be recognized and rewarded for their good work? We've talked a little bit about awards and plumb assignments, sabbaticals, mentorship opportunities from the traditionalists, and the boomers like their pay increases, promotions, and time off. What about Gen X?
Marian Braccia:Uh Gen X likes opportunity for growth. They like flexible benefits, time off. Again, they're looking for um work-life balance. And so anytime there can be that um that that personal that personal opportunity that's let me step away from work and feel better as a person, it will make me refreshed and make me more willing to come back and work even harder.
Marsi Managan:So it's taking them as an individual worker into account. Yes. More so than in the past.
Marian Braccia:Definitely.
Marsi Managan:And I would assume that's true for millennials as well.
Marian Braccia:Yes, but even more so because millennials and Gen Zers want those flexible benefits like hours and schedules and telecommuting, but they're also looking for enjoyment when they are in person and when they're not working remotely, they're looking for fun at the workplace. They're looking for it to be actually a place that they enjoy going and get a a sense of personal fulfillment out of. It's not just to you know stamp the time card and and clock in for the day. It's actually something that is meant to be personally uh fulfilling and enjoyable.
Marsi Managan:But hey, I thought it was called work for a reason.
Marian Braccia:Yeah, well, you sound like a boomer, Marcy. So, you know, I'll say this. The um I think the older generations would say, um, I'll relax once the work is done, right? The work itself uh is fun. I am I am I'm here because I am lucky to be here. I am thankful to have a job, um, and I will I will respect the people who gave me this opportunity. Um, whereas Gen Xers, as usual, are much more pragmatic and frank about things, and they say it's work. It's not meant to be fun. Stop trying to make it fun. Like, let me just do what I have to do in the time that I have to do it in, and then I can I can call it a day. Work to live. Whereas work to live, exactly. And again, our Gen Y and Gen Z friends say, I'll get more done if I have fun while doing it. Um, and so it's it's finding how to make that the workplace um work for everyone who is accessing it. So remember the millennials and and beyond Gen Z were raised on um Sesame Street and learning as a fun diversion, video games and and and other things that made um information receipt and retention um colorful and enjoyable and and diversionary. Um and so this generation says if it's more comfortable, um then I'll get more done. Focus on the results and not the hours I put in.
Marsi Managan:So we've talked about all of these traits and I want to bring them together and kind of create a picture for what law firms and organizations should be doing with all of this information so that they build um legal teams that bridge the gap and they make the most of each generation's strengths and their values. So, what should law firms be doing with all of this information?
Marian Braccia:Well, um, I think there are is plenty to do. I think that there um are different recruiting strategies that can be adopted to attract age-diverse candidates. So, for instance, uh baby boomers might react to uh mentions of a company's awards or other successes, um, while millennials maybe care more about personal development or um opportunities to engage in um uh social activism or other activities regarding social responsibility, um, advertise. Law firms can certainly advertise on various channels. So the baby boomers, you know, would look at professional networks or referral sources while Gen Z is uh looking for much more interactive online campaigns and social media. Um and it candidates to to to uh and applicants for certain law firms should be encouraged to ask questions during interviews to find out what um that workplace is looking for and what their expectations are, again, so that there is immediate feedback and and they understand the environment and the culture and they can make an informed decision. Um, I think there really is a um a need to avoid stereotypes, even though we have uh talked so much about what historical events have marked these generations and what they're known for and what they're uh generally most comfortable with, you really do have to talk with your coworkers, with your subordinates, with your supervisors, and learn about each of them as an individual. Um I I if I if we have time, I can tell you a real quick story. I remember I was in court once and um I was a young DA, I was maybe early mid-20s, and my opposing counsel on the case was a defense attorney, and he had a I I happened to see his phone. You know, he turned his phone toward me and I saw the wallpaper picture on his phone. And it was a picture of uh Cary Grant and Ingrid Bergman from uh the 1946 hit Alfred Hitchcock movie Notorious. And uh, you know, he turned it toward me and and frankly, very smugly and not very nicely, he said, Do you even know who these people are? And and I said, Yeah, it's Carrie Grant and Ingrid Bergman and notorious. And his face, like I really think that he was gonna hit the floor. Like I thought he was gonna pass out that this, you know, 20-something new and Alfred Hitchcock movie. Hey, guess what, buddy? I was raised on Alfred Hitchcock movies. I've seen every Alfred Hitchcock movie, you know. Um I have the box set still at my house and I watch them on VHS. Uh so it's it is it is not it is not productive to come to um hasty generalizations and faulty assumptions before you get to know the individual. And that's that that shouldn't be news to anyone. Um so I think that customizing the approach to any member of any generation really does lead to improved working relationships, improved communication, and frankly, quite much more satisfied uh employees and co-workers and practitioners overall.
Marsi Managan:And the one of the ways that you do that is you ask them what do you want? What do you need? What do you what are you getting out of this? And and then actually listen to what they're saying and take it under advisement.
Marian Braccia:And I think it it might be harder, especially for law firm leaders who might be of the older generations, the baby boomers and the Gen Xers, and even at this point, some of the elder millennials. But I I encourage them to consider allowing for more independence and autonomy. Gen Zers in particular are ambitious individuals who like having their own independence. And so perhaps implement strategies for work-life balance to mitigate burnout and stress because they are significant issues and significant concerns for Gen Z lawyers. Embrace new technology, empathize with mental health needs, um, and really incorporate culture and norms in your work environment where those mental and physical health needs are acknowledged and supported.
Marsi Managan:And I think it's re important to remember that a rising tide lifts all boats. So it's not just the younger generations who benefit from mental health awareness or flexibility with working from home on occasion. It affects the older ones too.
Marian Braccia:It really does. And we are talking about the success of the profession. We're talking about the longevity of the profession, and we want that to be something uh that doesn't have to be reinvented every generation. We want to see continuity, and the only way that we can do that is for there to be meaningful collaboration between the generations when it is time to pass the baton.
Marsi Managan:Indeed. Well, it'll be interesting to see how the next several years go. And I'm really appreciative that you came on board again to talk about generations and how we can all learn from each other. Do you have time for a couple of sign-off questions before you go? Oh, of course. I love these. Great. So I remember from our last chat, you always make a lot of time for pleasure reading, no matter how busy you are. So what have you been reading lately?
Marian Braccia:Uh so I have had a great summer of reading. I will be honest. I I have had like one five-star read after another after another. Um, I think my favorite so far this summer uh was a book called Uh God of the Woods by Liz Moore. I believe it's her second book. Uh, it was a follow-up, it was completely unrelated to, but it's the follow-up to her first book, which was called Long Bright River, and it was set in Philadelphia. Now, I am not objective at all in this recommendation because Liz Moore teaches in the uh creative arts master's program here at Temple, and she is an incredible teacher and writer and human being. And during COVID, when my book club was meeting online and discussing her first book, Long Bright River, she crashed our book club and and came and said hello and gave us a personal kind of um author question and answer session about the book. So um I I probably have a lot of uh personal favoritism for that one. But um, so that one was excellent. I am only about a tenth of the way through a book by Frederick Bachman right now called My Friends. I have read a lot by Frederick Bachman and uh really, really love his style, love his voice, love the way that he tells stories. Um I feel like it's an acquired taste, and and a lot of the feedback that I've seen and read from various book clubs uh is that people either really, really love his style or really, really can't stand it. So I am in the uh former category. I really, really love it, and I'm I'm loving my friends, which is um his, I believe, his latest publication.
Marsi Managan:Do you mostly read fiction in your off hours?
Marian Braccia:So here's my rule. I I always have a fiction and a nonfiction going simultaneously. Um so even if I just read 10 pages a day of nonfiction, I I have to have both going at the same time. Okay.
Marsi Managan:So then the last question, of course, is what is your dream vacation?
Marian Braccia:I I I thought you were gonna ask me that. And I I wish I had a really like off the wall and creative example for you. Um, and I don't, because here's the thing. I love to travel and I will go anywhere and do anything. I think I probably have, you know, 40 or so places on my bucket list. And and and I was thinking today, I've only been to three continents and I want to go to more. Uh, but but I I you know, a bucket list item for me is definitely Australia. Um, but uh you you give me a plane ticket and I'll be happy to go anywhere.
Marsi Managan:Well, thank you so much for this great discussion, Marian. This, as always, was such a pleasure, and I think that you've given us lots of tips to try and avenues to pursue. And we'll just stay tuned and see what happens in the next several years.
Marian Braccia:I I certainly hope so, and thanks so much for having me, Marcy. I think this is a really important conversation. So if we have helped anybody in their intergenerational communication, I will consider it a success.
Marsi Managan:So that is a wrap on this month's episode. Please check the show notes for the articles that Professor Bracha mentioned. I don't know where you land among the long span of generations, but all of us at Nita are so glad to have you listening and learning. We hope you'll share this episode or any of the previous 70 episodes with your friends and colleagues. I'll be back next month with a novel concept that I'm excited to share and learn about right alongside you. What trial lawyers can learn from opera singers. Until next month's episode, happy lawyering! May the Record Reflect is a Nita Studio 71 production. Nita, we are advocacy enhanced, mentorship reimagined. Welcome to the community.